Marijuana Sales - Intent to Sell
Defense Lawyer for Marijuana Charges in Arizona
Marijuana for sale or possession with intent to sell charges is serious in Arizona. The Arizona prosecution work closing with police to get as many convictions as possible. Marijuana felony charges may expose you to jail, prison exorbitant fines, and other harsh penalties. You should contact The Law Office of James Novak as soon as possible. James Novak, experienced Marijuana defense lawyer will provides an immediate and strong defense in for your Marijuana for sale or Marijuana possession with intent to sell criminal charges. He will make sure your rights are protected; you are treated fairly; and make work to get your charges dismissed or other favorable outcome in your case.Arizona Marijuana for Sale Drug Law
Arizona Criminal Law 13-3405 reads in part as follows:
“13-3405 Possession, use, production, sale or transportation of marijuana
A. A person shall not knowingly:
- Possess or use marijuana.
- Possess marijuana for sale.”
To convict a defendant for possession of marijuana for sale, or possession of Marijuana for intent to sell, the Arizona prosecution must prove three elements beyond a reasonable doubt:
- That you knowingly possessed marijuana; and
- The substance was in fact marijuana; and
- The possession must be for the purpose of sale.
In Arizona the definition of “Sale” means an exchange for anything of value or advantage, present or prospective. The Prosecutor will need to prove beyond a reasonable doubt that you knew that you were exchanging something, such as money for the marijuana. Additional factors that can be used to support marijuana for sale criminal charge include the possession of a large amount of marijuana, “baggies”, a scale, ledger, money, phone records. If the facts do not support your involvement in any marijuana drug sale, you should not be convicted.Marijuana Defined under Arizona Law
"Marijuana" means all parts of any plant of the genus cannabis, from which the resin has not been extracted, whether growing or not, and the seeds of such plant. Marijuana does not include the mature stalks of such plant or the sterilized seed of such plant which is incapable of germination.
"Cannabis" means the following substances under whatever names they may be designated…” (paraphrased under Arizona Law, Arizona State Legislature)Arizona Marijuana Possession for Sale Penalties
In Arizona the punishment for a marijuana sales conviction includes mandatory prison terms. These mandatory prison sentences apply if the prosecution proves that amount of marijuana ever exceeded the statutory threshold amount of two pounds. The Court will consider other factors including criminal history, involvement of weapons in the drug crime, and other circumstances. A pot conviction in Arizona involving an amount that weighs less than two pounds is classified as a class four felony. The charges are classified more severely upward to a class 2 felony as the weight or amount of marijuana involved increases. Mandatory Sentencing for a Class 2 Felony can potentially be 12.5 years in prison.Marijuana Lawyer for Charges of Selling or Possession with Intent to Sell Defense
If you have active charges and were arrested in Maricopa County, contact the Law Office of James Novak, Marijuana Defense Lawyer in Arizona. James Novak is a former prosecutor, and experienced trial lawyer who has handled hundreds Marijuana cases for well over a decade. When arrested for dealing drugs or possession with intent to sell you need an experienced pot lawyer who knows and understands how to evaluate and attack any evidence that may have been improperly obtained. If your Constitutional rights were violated the law may provide for a suppression of the evidence or dismissal of the charges. The Law Office of James Novak exclusively defends Drug charges, DUI, and criminal charges Defense in Maricopa County. The Law Office of James Novak, criminal attorney, defends drug and other criminal charges throughout greater Phoenix AZ, including, Mesa, Chandler, Tempe Gilbert, Scottsdale, and surrounding cities within Maricopa County.