Dangerous Drug Sales - Intent to Sell

Dangerous Drug Sale or Intent to Sell | Criminal Defense Lawyer Phoenix AZ

Possession of dangerous drugs for sale or intent to sell, punishments for convictions are more severe than for personal use, although they both carry harsh punishments. Many people being investigated, charged or arrested for possession of dangerous drugs for sale or intent to sell often want to know how the police determine this verse possession for use. The first factor that is looked at in absence of solid sales transaction proof is the quantity, amount, and/or weight of the drug, chemical or substance. The amount, quantity or weight of a dangerous drug found I your possession generally reveal the purpose or intended purpose of the drugs. Other factors taken into account include surveillance, video or audio evidence, witness statements, you prior criminal and drug conviction history if any. But no matter what the evidence, it is your fundamental right to challenge the dangerous drug sales or intent to sell charges and the right to an attorney. This is one of your most important constitutional rights. You should use it as soon as possible if you were arrested or face recent charges. The Law Office of James Novak is available and waiting for your call at (480) 413-1499 to help you with your matter. He defends these cases on a regular basis throughout Maricopa County. He will give you direction, and if retained, begin working to resolve your case immediately. Your initial consultation is free and always confidential.

Arizona Law with regard to possession of dangerous drugs for sale A.R.S. 34 13-3407. 1 & 2 reads in part as follows:

“A.R.S. 34 13-3407 A. 1 & 2. Possession, use, administration, acquisition, sale (emphasis added), manufacture or transportation of dangerous drugs; classification

A. A person shall not knowingly:

1. Possess or use a dangerous drug.

2. Possess a dangerous drug for sale…” (emphasis added)

In light of the law above, the Arizona, burden of proof is on the prosecution’s shoulders to prove beyond a reasonable doubt that you knowingly possessed dangerous drugs for the purposes of selling the drugs. You do not have to prove your innocence. In order to get a conviction for this charge, the Arizona prosecution must turn up strong evidence or compelling arguments that all three elements below existed:

1. You “knowingly” possessed a dangerous drug; and
2. The substance was in fact a dangerous drug; and
3. The possession must be for purposes of sale.

“Sale” means an exchange for anything of value or advantage, present or prospective.

If convicted on for sale of a dangerous drug charge you are exposed to a harsh and lengthy sentence. This may include prison up to 12.5 years or more depending if you have any prior felony convictions or was on probation or parole at the time of committing this offense. Other sentence penalties include fines, jail, lengthy probation, counseling and anything else the judge orders as necessary for the facts of the case.

An experienced Phoenix AZ dangerous drug sales defense lawyer can often challenge your “dangerous drug possession for sale” charges. These are indeed serious charges. A conviction can result in long term prison sentences, exorbitant fines, and other harsh sentencing. You will need to protect our future, your freedom, your job, and family as they will all feel the negative impacts if you are convicted. If you were arrested recently or face active charges, call James Novak, Criminal Defense Attorney. He defends these cases on a regular basis knows what is needed to challenge and resolve your possession of sales drug charges. He is an experienced trial lawyer and former prosecutor for drug charges in Arizona. If you face “Possession or use of “Dangerous Drug for Sale” charges, or any other drug charges in Arizona, call (480) 413-1499 for your free consultation!