Felony Drugs for Sale FAQs

In Arizona, almost all drug crimes are considered felonies. However, possessing drugs for sale is much more serious than possessing them for personal use. For example, possession of narcotics for personal use is a class 4 felony, while possession of drugs for sale is a class 2 felony.

Yes, in certain situations, Arizona law limits a judge’s discretion in fashioning a sentence. Almost all crimes in Arizona have a “presumptive range,” which gives the court some discretion in determining what a sentence should be. However, there are also “mitigated” and “aggravated” ranges that apply if the defense proves a mitigating factor or the prosecution proves an aggravating factor. Notwithstanding these drug sentencing ranges, certain offenses require a judge to include jail time as part of the sentence. For example, anyone convicted of making, trafficking, or possessing methamphetamine for sale is not eligible for probation or suspension of their sentence until they’ve served the sentence imposed by the court.

Yes, Maricopa County began a drug court program back in 1992. Those admitted to drug court are randomly tested for drugs between five to eight times per month and must attend support groups, as well as comply with any other conditions ordered by the judge. Upon completion of the drug court program, a defendant’s felony drug offense will be reduced to a misdemeanor, and the judge may consider early termination of probation.

In order to qualify for the Maricopa County drug court, you must have been convicted of a felony drug crime and sentenced to at least two years of probation. You must also be designated as either medium-high or high risk on your most recent risk assessment and have a verified history of substance abuse. Finally, you must live within the drug court supervision area. However, those convicted of selling narcotics are not eligible for drug court unless they are able to convince the prosecutor to amend the charges to include a non-sales offense.

If you’re facing narcotics charges in Maricopa County, these felony drugs for sale FAQs are just a starting point. Eventually, you’ll want to know everything you can about your charges and which defenses may apply in your case. Speaking with a dedicated criminal defense attorney can provide you with the knowledge and confidence you need to effectively fight your case.

If you have an upcoming court date for a drug crime, reach out to the Law Office of James E. Novak for immediate assistance. Our Maricopa County criminal defense lawyer has decades of hands-on experience defending the rights of clients charged with felony offenses, including drug trafficking, possession with intent to distribute and drug dealing. We have helped countless clients move on with their lives after an arrest, and we look forward to seeing how we can help in your case. To learn more, and to schedule a free consultation today, call (480) 413-1499 or connect with us through our online contact form.