Drug Penalties

Drug Charges Phoenix, AZ

Many defendants who face Phoenix drug charges or Arizona drug charges, commonly Want to know if they will be placed on probation, go to jail or worse to prison if they get a conviction for their AZ drug charge. The sentencing could include any, a combination or all of these penalties depending on the facts of your AZ drug charges and your criminal history. However, your charges of getting a good outcome, evidence suppressed, and charges reduced, or even a case dismissal increase drastically if you have an experienced Arizona criminal defense or AZ drug defense Attorney, like James Novak who defends drug cases frequently throughout the courts in Maricopa County.

AZ Drug Defenses | AZ Drug Attorney

James Novak is drug charge defense attorney that is devoted exclusively to defending to drug, criminal, and DUI cases. As a former prosecutor he has years of defense and litigation experience and skills to build a strong defense and challenge the prosecution’s case against you. His primary objective is to fight to attempt to get your drug charges dismissed. If that is not an option, then he will work to protecting your freedom and future, to keep you out of jail or prison and try to keep your record clean of any felony convictions. Many defenses can be used. James Novak will examine all the evidence and circumstances to determine what defense strategies will give you the best outcome in your case. Below are just a few common defenses. This list is not inclusive:

  • The facts do not support a conviction
  • Lack of evidence
  • The Police violated police procedure
  • A violation of your constitutional rights occurred
  • Entrapment
  • Wrong person arrested
  • The drugs were not yours
  • You had no knowledge of the drugs
  • You were staying at a residence sharing common areas
  • You borrowed someone’s vehicle and were not aware the drugs were there
  • The drugs belonged to a passenger in your vehicle, and you were not aware they had drugs in their possession.

Drug Penalties

AZ Drug penalties may include but are not limited to probation with counseling, drug testing, community service, incarceration in jail or prison depending on quantity, intended use, and repeat offenses. A prison sentence for a conviction is probable if the drugs equaled or exceeded the threshold amount. This means that the amount discovered was considered large enough to be considered excessive and warrants mandatory prison sentence.

AZ Drug Laws

A.R.S. 13

“13-3420. Unlawful substances; threshold amounts

For purposes of determining if the threshold amount is equaled or exceeded in any single offense or combination of offenses, a percentage of each substance listed by weight in section 13-3401, or any fraction thereof to its threshold amount shall be established. The percentages shall be added to determine if the threshold amount is equaled or exceeded. If the total of the percentages established equals or exceeds one hundred per cent, the threshold amount is equaled or exceeded. If the threshold amount is equaled or exceeded because of the application of this subsection, the person shall be sentenced as if the combination of unlawful substances consisted entirely of the unlawful substance of the greatest proportionate amount. If there are equal proportionate amounts, the person shall be sentenced as if the unlawful substances consisted entirely of the unlawful substance constituting the highest class of offense

13-3401. Definitions

…36. "Threshold amount" means a weight, market value or other form of measurement of an unlawful substance as follows:

(a) One gram of heroin.
(b) Nine grams of cocaine.
(c) Seven hundred fifty milligrams of cocaine base or hydrolyzed cocaine.
(d) Four grams or 50 milliliters of PCP.
(e) Nine grams of methamphetamine, including methamphetamine in liquid suspension.
(f) Nine grams of amphetamine, including amphetamine in liquid suspension.
(g) One-half milliliter of lysergic acid diethylamide, or in the case of blotter dosage units fifty dosage units.
(h) Two pounds of marijuana.
(i) For any combination consisting solely of those unlawful substances listed in subdivisions (a) through (h) of this paragraph, an amount equal to or in excess of the threshold amount, as determined by the application of section 13-3420.
(j) For any unlawful substance not listed in subdivisions (a) through (h) of this paragraph or any combination involving any unlawful substance not listed in subdivisions (a) through (h) of this paragraph, a value of at least one thousand dollars.”

Arizona Drug Charge Consequences - Sentencing

Any Phoenix, AZ drug charge should be handled only by an experienced drug lawyer who is familiar with the courts, the judge, and the prosecution of the jurisdiction you received your drug charges or were arrested. James Novak, as a former drug crimes prosecutor understands how severe the consequences can be. No one is guaranteed any TASC or deferred prosecution program. First, if you are eligible you must be invited into such a program and then pass the screening by the program criteria. James Novak will attempt to get you into the program only after determining if the Arizona drug charges should be dismissed outright. If the drug charges are severe he will work towards protecting your freedom and keeping you out or jail or prison, and getting the best possible outcome in your defense.

AZ Criminal Attorney ׀ AZ Drug Defense Attorney

One of the keys to a successful outcome in any drug case is early Criminal Defense representation. Give your AZ criminal defense lawyer or AZ drug defense attorney ample time to build you a strong defense. This will prevent the AZ Court from making an early judgment or the prosecution from making a decision not in your favor or the AZ prosecution from offering a plea agreement that is unfair. Don’t chance a fast conviction with life long adverse consequences by going without legal representation. Call today for your FREE consultation with and Arizona criminal defense, drug possession, sales, distribution, manufacturing, smuggling defense, and drug paraphernalia attorney, James Novak at 480-413-1499. All consultations are strictly confidential. Let him begin representing you and building an effective defense for the best outcome possible in your case. James Novak proudly defends cases in Phoenix Valley wide, including but not limited to East Valley, Tempe, Mesa, Chandler, Gilbert, Scottsdale, and surrounding cities within Maricopa County.