Narcotic Drug Sales Charges

Arizona Criminal Drug Laws – Narcotics Sales Charges

In Arizona a conviction for the illegal sales of narcotics is a serious offense which can potentially expose you to jail or prison time. If you face illegal narcotics drug sale charges, you should contact an Arizona criminal defense attorney who defends drug charges in the city and county where you were arrested or received the drug charges.

The Phoenix police often have access to sources of information related to a future narcotic drug sale, or drug deal. In many cases, the police obtain information or tip from other persons either in custody or not, to track down additional person (s) involved in drug dealing. Many times, undercover officers detain all those who happen to go to the site or residence of the person (s) under investigation, in an attempt to arrest as many people as possible who may be involved in the illegal narcotic drug sale transaction. When the police finally reveal themselves and place you under arrest for selling narcotic drugs they will also try to gain new or any additional information from you.

• Advise the Police that you wish to invoke your right to remain silent, until your Attorney is present or has instructed you otherwise. Do not just remain silent without verbally or formally invoking your right to do so. But simply remaining silent, you will be perceived as uncooperative, which can harm your defense.
• Request to speak with an Attorney as soon as reasonably possible. Remember, everything you say can and will be used against you at trial.
• Do not provide details surrounding the incident to anyone including friends or family. They may be called upon to testify against you.
• Contact an Arizona Criminal Defense Firm as soon as possible who frequently defends drug sales cases in the jurisdiction where you were arrested or received charges.
• Take mental note of details that take place prior to arrest, during, and following your arrest. As soon as you are in a position to do so, document events; time has a way of erasing details. Details that you may not realize were important, may actually lead to a dismissal of your charges or suppression of evidence against you. An experienced Arizona Criminal Defense Firm such as the Law Office of James Novak will recognize such potential. They will then attempt to use certain statements, actions, or events to building your defense case.

Arizona drug law A.R.S. 13-3408 pertaining to illegal sales of narcotics reads in part as follows:

“13-3408. Possession, use, administration, acquisition, sale, manufacture or transportation of narcotic drugs; classification

A. A person shall not knowingly:

1. Possess or use a narcotic drug.


2. Possess a narcotic drug for sale.


3. Possess equipment or chemicals, or both, for the purpose of manufacturing a narcotic drug.


4. Manufacture a narcotic drug.


5. Administer a narcotic drug to another person.


6. Obtain or procure the administration of a narcotic drug by fraud, deceit, misrepresentation or subterfuge.


7. Transport for sale, import into this state, offer to transport for sale or import into this state, sell, transfer or offer to sell or transfer a narcotic drug….”

To be convicted of Criminal possession of narcotic for sale charges the prosecution must prove the following:

1. That you knowingly possessed a narcotic drug; and
2. The substance was in fact a narcotic drug; and
3. The possession of the narcotic drug must be for purposes of sale.

Under Arizona law the Definition of “Sale” or “Sell” under “A.R.S. 13-3401 Definitions 32” which reads in part as follows:

“…32. ‘Sale’ or ‘sell’ means an exchange for anything of value or advantage, present or prospective.”

This means you do not need to receive money in exchange for narcotic drugs to be charged and convicted of illegal narcotics drug crimes in Arizona. The exchange can be for literally anything of value including property, services or even other drugs. This includes getting even a commitment for it in the future.

If you are convicted of selling narcotic drugs you are not eligible for any TASC or any similar deferred prosecution programs (participation in the program as an alternative to incarceration). Your conviction will result in a permanent felony and criminal record. If convicted of the felony, you will be exposed to prison, or probation with up to 1 year jail. Additionally, probation can last for 7 years for a class 2 felony with fines, drug testing, counseling and anything else the court deems is suitable.

Your best chances of getting illegal Narcotic drug sales dismissed, acquitted, or evidence suppressed is to retain an Arizona criminal defense firm such as the Law Office of James Novak to defend your charges. Your future and freedom are at risk. An experienced drug defense attorney in Arizona will conduct their own investigation; gather evidence; determine if searches and seizures were lawful; evaluate if any of your constitutional rights were violated; interview and/or depose witnesses including police, and determine what defense strategy will best serve your defense. James Novak, Drug Sales defense attorney will then tailor and execute a strong defense on your behalf. If you have active drug sales charges contact the James Novak, attorney at law for defense of drug sales for your free consultation today at (480) 413-1499.

Narcotics Drug Crimes Attorney – Possession with Intent to Sell