Posted on July 14, 2022 in Drug Crimes
The outcome for a conviction of Felony 5 drug possession in Arizona depends on several factors. First, Arizona has a sentencing chart for felony convictions. That chart impacts how much time you spend in prison for drug possession.
The type and amount of drug you possess could impact whether you serve time. In addition, Arizona law provides that people convicted of possessing or using a controlled substance for personal use may be sentenced to probation.
Therefore, talking to a Phoenix drug possession lawyer before talking to the police or accepting a plea agreement is crucial. An attorney evaluates all factors that could impact the outcome for Felony 5 drug possession charges.
Arizona Revised Statute §13-3408 makes it illegal to knowingly possess or use a narcotic drug or possess a narcotic drug for sale. Likewise, Arizona Revised Statute §13-3407 makes it illegal to knowingly possess a dangerous drug for use or sale.
Charges for possession of controlled substances range from a Class 1 Misdemeanor to a Class 5 Felony, depending on the type of drug in your possession and other factors.
If you are convicted of Class 5 Felony possession of drugs as a first offense, you could serve 6 months to 2.5 years in jail or prison.
To receive a sentence of 6 months, the judge would need to find that mitigating circumstances existed to justify lowering the sentence from the presumptive sentence to the lowest jail term. Mitigating factors in a drug possession case could include:
A prison sentence of 2.5 years would result if there were aggravating circumstances. Aggravating factors include:
Multiple drug offenses and possession of specific drugs can enhance the sentence for drug possession convictions.
Examples of Class 5 Felony drug possession offenses include, but are not limited to:
The presumptive sentence for a Class 5 Felony drug possession charge is 1.5 years. Therefore, if this is your first offense and there are no other factors to justify increasing or decreasing the sentencing, you could serve 1.5 years in prison.
Even though a Class 5 Felony charge is not as serious as a Class 2, 3, or 4 Felony drug offense, you still should take the matter seriously. Any felony criminal conviction in your criminal history could significantly impact your future, even if you do not serve time.
A prior felony conviction could result in more severe punishments if you are convicted of another felony. Also, felony convictions impact some of your legal rights and could negatively impact a child custody case. Felony convictions can result in the suspension or revocation of some professional licenses.
A Phoenix criminal defense attorney helps you defend yourself against drug possession charges. Steps your lawyer takes to tailor a defense to your case include:
Talking to the police officers or the prosecutor without a lawyer present is not in your best interest. The officers might tell you that you are not facing serious drug charges, so talking to them could result in a lighter sentence.
The outcome of your drug possession case could depend on what you do before you talk with a drug crimes lawyer. Therefore, exercise your right to remain silent except for asking for a lawyer. Then you and your lawyer will work together to fight the Felony 5 drug possession charges against you.
For more information, contact the drug crime attorney Craig Orent. Give us a call at (480) 656-7301 or visit our law office at 11811 N Tatum Blvd UNIT 3031, Phoenix, AZ 85028. We offer a free case evaluation, so get the help you deserve today.