Methamphetamine is considered a dangerous drug in Arizona. A.R.S. section 13-3401 includes meth in any preparation, mixture of composition that includes any quantity of meth, its salts or its optical isomers that has the potential for abuse as a stimulant on the central nervous system. Often manufacturing dangerous drugs such as meth carries more serious penalties than does making non-dangerous drugs. If you are charged with meth manufacturing in Tempe, you should consult a skillful, experienced attorney.Meth Manufacturing
Methamphetamine is associated with increased energy and attention, as well as euphoria and reduced appetite. However, everything about it is used and how it is cooked is highly dangerous. Ingredients of meth include acetone, anhydrous ammonia, ephedrine, hydrochloric acid, lithium, red phosphorus, toluene, sulfuric acid, and sodium hydroxide, and they are all dangerous. Often the police notice meth labs because they have certain features, like blacked out windows, the smell of solvent, visitors at strange hours, lots of trash, empty pill bottles and cans in the trash, and dismantled smoke detectors.
A.R.S. section 13-3407 prohibits someone from making, transporting, selling, acquiring, using or possessing methamphetamine. In order to establish meth manufacturing under this code section, the prosecutor needs to prove beyond a reasonable doubt that you: (1) knowingly, (2) manufactured, (3) methamphetamine. While possessing meth is a class 4 felony, manufacturing it is a Class 2 felony. Even possessing the equipment or chemicals to manufacture meth is a class 2 felony.Sentencing Factors
If you are convicted, factors that will be considered when sentencing you include the quantity of meth possessed, the purpose of the meth (whether for use or sale), the quantity of the dangerous drug possessed, whether or not it equaled or was greater than the Arizona statutory threshold amount of 9 grams, prior criminal record, mitigating or aggravated circumstances, and the nature of the charges.
The penalties can vary depending on the sentencing factors. You can face 5-10 years imprisonment for a first-time manufacturing meth. If there are aggravating factors, you can face 12 years. With repeat offenses, the sentencing can go up to 10-20 years imprisonment for manufacturing. Meanwhile, if you are convicted of possessing substances or equipment for purposes of manufacturing you can be sentenced to 2.5 – 7 years in prison, or 8.7 years for aggravated circumstances. The prison terms are longer if what’s found in your possession is equal to or more than the statutory threshold.Defenses
Under some circumstances, it’s possible to raise reasonable doubt about one or more of the elements of manufacturing methamphetamine. For example, it may be possible to raise reasonable doubt about whether your conduct was knowing. In other situations, it may be appropriate to attack the charge in terms of procedure and constitutional law. For example, it might be possible to show that the seizure of equipment and ingredients on which your charge is predicated was in violation of the Fourth Amendment. We might be able to show, for example, that the warrant used to search your home was invalid. If we are able to suppress evidence of what was seized and used to charge meth manufacturing, we may be able to fatally weaken the prosecution’s case. In other situations, it may be appropriate to try to negotiate a plea bargain for a lesser charge such as possession of substances and equipment for purposes of manufacture meth.Consult A Skillful Drug Crimes Attorney
If you are charged with meth manufacturing in Tempe, you should take this charge very seriously. A criminal conviction your record can impact your ability to get a job or find a place to live. You should not assume this conviction is assured. There may be procedural and constitutional defenses that may be available to you with the help of an experienced DUI defense attorney. If you are charged with a synthetic drug DUI in Tempe, you should call experienced criminal defense attorney James E. Novak. Mr. Novak represents those charged with DUIs throughout the Phoenix area including Mesa, Chandler, Gilbert, Scottsdale, and Maricopa County. Call him at (480) 413-1499 or via our online form.