Heroin is a highly addictive narcotic drug. It causes an intense euphoria once it crosses the blood-brain barrier, but the feeling is short-lived and over time it can result in tolerance, which can eventually lead to an overdose. Heroin manufacturing is a crime taken quite seriously by prosecutors, and if you are charged with this offense, a highly experienced Phoenix heroin crime attorney can help you develop a defense. A conviction can result in a harsh sentence, including years in prison.Heroin Manufacturing
There are different kinds of heroin including white heroin, black tar heroin, brown heroin, and cheese heroin. The first three are usually manufactured in other countries and brought into the United States. Most of the heroin available in Arizona is made in Mexico. Cheese heroin is black tar heroin laced with diphenhydramine hydrochloride and acetaminophen, and it can be deadly. It is also considered cheap, going at $2 for a hit or $10 for a gram.
Heroin is usually made out of the seed pod of the poppy plant. The seed pod is mixed with chemicals to produce heroin. The chemicals or additives can make the heroin more profitable for a dealer, and often they are very dangerous when injected, and can include quinine (the anti-malaria drug), caffeine, powdered milk, or starch. Sometimes heroin is cut with fentanyl, codeine, or morphine. The combination of drugs can be particularly dangerous.
Manufacturing heroin is illegal in Arizona. Under Arizona Revised Statutes (A.R.S.) section 13-3408, it is a Class 2 felony to make a narcotic drug. It is a Class 3 felony to possess chemicals or equipment for purposes of making heroin. For a manufacturing charge, the prosecutor will need to prove beyond a reasonable doubt that you: (1) knowingly (2) manufactured a narcotic drug.Penalties
If you’re convicted of manufacturing heroin, you will face Class 2 felony penalties. Under A.R.S. section 13-702, the presumptive term for a Class 2 felony is 5 years of incarceration. The minimum term of incarceration is 4 years in prison, and usually, the maximum is 10 years in prison. If you are convicted of heroin manufacturing and you have no prior felony convictions and you have at least 2 aggravating factors involved in your case, the court can sentence you to the maximum. Likewise, if you have no priors and there are at least 2 mitigating factors involved, your sentence can be decreased from the presumptive term to the minimum one.
When there are aggravating circumstances that meet specific conditions under A.R.S. section 13-702, you can face a term of 12.5 years. If there are mitigating circumstances it may be possible to get only 3 years in prison. Under A.R.S. section 13-701, there are many different aggravating circumstances and these include infliction of serious physical injury, use of a deadly weapon, committing the offense in front of a child, presence of an accomplice, and death of an unborn child at any stage of the commission of the offense.
A manufacturing conviction is particularly severe because you won’t be eligible to have your sentence suspended, nor will be you be eligible for probation, pardon, or release from confinement for any reason until you’ve served the sentence imposed by the court. In addition to other penalties, you can be required to pay a fine of $2000 or three times the value of the heroin giving rise to the manufacturing charge, up to the authorized maximum. This fine can’t be suspended.
Although the penalties are substantial, a conviction for heroin manufacturing isn’t assured. With the help of a seasoned criminal defense attorney, you may be able to get the charges dismissed, or plead out or win at trial. If you are convicted, a skillful defense attorney will work to emphasize mitigating circumstances to seek the lightest possible sentence.Experienced Heroin Crime Attorney in Phoenix
If you are charged with heroin manufacturing, you must take these charges seriously. Knowledgeable criminal defense lawyer represents defendants charged with drug manufacturing and other offenses throughout the Phoenix area including in Scottsdale, Gilbert, Chandler, Mesa, and throughout Maricopa County. Contact him at (480) 413-1499 or via our online form.