Arizona Drug Defense Lawyer – Challenging “Threshold Amounts”
Successfully Challenging Drug “Threshold Amounts” in your Drug Charges, are important because they can reduce or spare you from a mandatory prison sentence or result in another favorable outcome in your case.Arizona Drug Laws – “Threshold Amount”
The “Threshold Amount” relating to drug charges in Arizona is the particular quantity of drugs over a certain amount for which mandatory prison terms apply if convicted. These mandatory prison sentences apply to both repeat offenders as well as first time drug offenders; whether or not they have a prior criminal record.
The Threshold Amounts are based on the following:
- Type of Drug (marijuana, cocaine, heroin or other);
- Nature of Drug dangerous drugs, illegal drugs, narcotic, hallucinogenic or other);
- Drug Amount;
- Any combination of drugs and their amounts found in your possession.
A.R.S. 13-3401.36. Reads is cited in part as follows:
"Threshold amount" means a weight, market value or other form of measurement of an unlawful substance as follows (Paraphrased):
- "Threshold Amount” – In relation to drug offenses, charges, and sentencing guidelines, the Threshold Amount is a measurement that refers to market or street value, or measurement in another form of an unlawful drug, chemical, or substance that equals or exceeds the following:
- Heroin - 1 gram;
- Cocaine – 9 grams;
- Base Cocaine or Hydrolyzed cocaine – 750 milligrams;
- PCP – 4 grams or 50 milliliters;
- Methamphetamine (Meth) or Meth liquid suspension- 9 grams;
- Amphetamine, or its liquid suspension- 9 grams;
- Lysergic acid diethylamide – 1/2 Milliliter or blotter dosage 50 units;
- Marijuana – 2 pounds;
- For combinations consisting solely of the unlawful chemicals or substances listed above, an amount equal or exceeding the threshold amount, refer to section 13 3420 for application; and/or
- For any illegal drugs, chemicals or substance not listed above, in any combination, a market value of a minimum of $1,000.00.
The higher the quantity of the Threshold Amount found in your possession, the longer or more severe the prison term and sentence will be. Generally, the police and prosecution assume and will attempt to have the court believe that if you possessed a large amount of a particular drug possession was for sale, intent to sell, transport, or distribute that drug illegally. For example, if you are convicted of knowingly possessing two pounds of Marijuana, you will potentially face the crime of possession of marijuana for sale; the State of Arizona prosecution will file the appropriate documents to the court reflecting to the Judge that if convicted you will be sentenced to prison. The term in prison depends on the type or classification of your conviction. For instance, if you are convicted of a class 2 felony you could be sentenced for up to 15 to 20 years in prison.Experienced Drug Defense Attorney in Arizona
Getting arrested for large amounts of drugs has serious consequences in Arizona. However, an experienced drug crime defense lawyer knows the criminal system and understands what it takes to get the best results possible using the specific facts of your case. A major defense against evidence and prosecution of drug crimes is for your drug defense attorney to challenge the “Threshold Amount”. Experience and technical knowledge is needed present arguments relating to the quantity of drugs you are accused of possessing. As a drug defense trial lawyer in Maricopa County, and former prosecutor for drug charges, James Novak, Attorney at Law will evaluate, and challenge the Threshold Amount relating to your drug charges if circumstances apply in your case.
If you were recently arrested or face active drug charges in Arizona, of any kind, Call now for your free consultation with experienced drug defense lawyer, James Novak. The Law Office of James Novak practices only in DUI and criminal defense in Maricopa County and defends clients with charges in Phoenix valley-wide including: Phoenix, Mesa, Tempe, Chandler, Gilbert, and Scottsdale Arizona. Call (480) 413-1499 for your free initial consultation.
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