Learn more about Possession of Narcotic Drugs

In the State of Arizona, being charged with Possession of Narcotic Drugs is a serious offense. It is classified as a class 4 felony which will stay on your record permanently. If you are found guilty of these charges, you could face time in jail or prison as well as difficulty finding employment in the future. If you have been charged with Possession of Narcotic Drugs, you need the experienced legal representation of our Narcotic Drug Possession Lawyers to defend your rights in court. Our attorneys have over 40 years of combined experience practicing Criminal Defense Law, including cases involving possession of Narcotic Drugs. In the Phoenix area as well as the rest of the state of Arizona, it is a crime for anyone to use or possess a narcotic drug. According to A.R.S. §13-3408 a person shall not knowingly:

  • Possess or use a narcotic drug.
  • Possess a narcotic drug for sale.
  • Possess equipment or chemicals, or both, for the purpose of manufacturing a narcotic drug.
  • Manufacture a narcotic drug.
  • Administer a narcotic drug to another person.
  • Obtain or procure the administration of a narcotic drug by fraud, deceit, misrepresentation or subterfuge.

Narcotic Drugs Include:

  • Cocaine
  • Heroin
  • Lysergic Acid Diethylamide, also known as LSD
  • Peyote
  • Ecstasy
  • Methaqualone
  • And the following Schedule II drugs without a valid prescription:
    • Oxycodone
    • Hydrocodone
    • Codeine
    • Morphine
    • Fentanyl
    • Adderall
    • Ritalin
    • Demerol
    • OxyContin

Typically, any pain-relieving prescription that contains any kind of opioid or non-synthetic opioid. If you have it on you, you better have a prescription for it, or you will be criminally charged as if you had a bag of cocaine in your pocket. Even if you have a prescription for your pain-relieving drugs, you still cannot drive a vehicle if that drug impairs your ability to drive a motorized vehicle to the slightest degree.

For further information, go to www.DEA.gov for information on the various drug schedules as defined by the federal government.


Punishment for Possession of a Narcotic Drug

If a person is found guilty of Possession of a Narcotic Drug, it is a class 4 felony. If the amount of Narcotic Drugs possessed is above the threshold amount set by the state, the state may charge the person with Possession of a Narcotic Drug for sale. This charge is a class 2 felony, and if convicted, the defendant would be ineligible for suspension of sentence, probation, pardon, or release from confinement on any basis until the person has served the sentence imposed by the court. Being found guilty of possessing equipment or chemicals for the purpose of manufacturing a narcotic drug is a class 3 felony.

Possession of a Narcotic Drug Defense

Because the law is written that “A person shall not knowingly possess or use a narcotic drug,” an argument can be made that the defendant was not aware that they possessed the drug. We may also be able to find issues with the state’s evidence because of the invalidity of a traffic stop or other search. Possession of a Narcotic Drug is a serious offense and is a felony which stays on your record. If you have been charged with the possession or use of any of the drugs listed above, you will need a tough defense attorney who is experienced in drug possession cases. Serious offenses such as this must be met with a serious Criminal Defense Lawyer who will fight for your rights.

Experienced Possession of Narcotic Drugs Team

At Chuck Franklin Law, our Attorneys have had experience with Possession of Narcotic Drugs Charges in Tempe, Glendale, Scottsdale, Phoenix, Mesa, Gilbert, Tucson, Prescott, and many other locations in Arizona.

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