If you’re being charged for a felony drug charge in Arizona for the first time it can be terrifying, but rest assured you are in a much better place than a repeat offender. First-time felony charges are by far more lenient, and can easily give way to mitigating circumstances that lower your sentence. Whether your charge is class 6 to class 1, the fact that it’s your first offense will be an asset in your fight.

In the majority of situations, a defendant will receive a presumptive sentence, which is the standard charge for a felony crime in your class. This is then subject to being raised (if evidence arrives of an aggravated offense) or lowered (if mitigating factors prevail). Understanding the difference in these sentences and the Arizona court system itself is crucial if you want to proceed, and recognize how an attorney can help you.

Federal Laws vs. State Laws

If you’re subject to a felony drug charge in Arizona you’ll need to proceed through the state court. While felonies are typically subject to federal laws created by Congress, few criminal acts are federal offenses only. Those that are can be fought in Federal District Court, but drug charges are typically categorized as offenses by both federal and state law. In these cases, both federal and state prosecutors must decide if the offender should be tried in Federal District Court or Arizona State Court.

First Offense Felony Charges in Arizona

Felony charges typically mean a prison sentence of at least one year with higher sentences as you move from class 6 to class 1 felonies. In addition, sentences can be increased if they are deemed an aggravated offense, or lowered if the defendant receives a mitigated sentence. This leads to a range of outcomes, as a class 6 felony could mean only 6 months in jail but a class 2 could mean as many as 12.5 years.

More than anything your sentence will rely on the class of your felony charge. A complete chart of sentences ranging from mitigated (lowest) to aggravated (highest) for each class is available here.

Fortunately, Arizona’s criminal code is more lenient on first-time offenders. If you’re convicted on a clean record in Arizona with a class 6 felony a judge can even lower your offense to a class 1 misdemeanor, and you may avoid prison time altogether. That being said, if you were convicted of a misdemeanor in another state this may not apply so it’s best to seek legal counsel before proceeding forward.

Aggravated Offenses

If you were convicted on a felony drug charge and your situation was considered an aggravated offense you may be looking at a larger sentence. Both a possession with intent (meaning you were intending to distribute, give away, or deliver a drug) or possession for sale charge can increase your sentence. In addition, most possession for sale charges come with hefty fines that can range for marijuana from a base $750 to three times the value of the total product seized. For narcotics these base fines begin at $1,000-$2,000 depending on the drug and amount found.

Aggravated terms can also be applied if the defendant committed the crime with an accomplice present, or is over the age of 65. The most difficult aggravated term to fight will be if the defendant committed a crime that was especially cruel or heinous.

Mitigated Sentences

Several criteria can lead a defendant to receive a mitigated sentence but the case will need to include at least two mitigating factors listed in ARS 13-701. These circumstances can be as straightforward as the defendant’s age or minimal involvement in the crime. However, they also stem into more abstracted ideas like a defendant’s capacity to appreciate the wrongfulness of their crime, or their impaired ability to conform to the requirements of the law.

Your personal character or background can also be argued to be a mitigating factor, especially if you were found to have committed the crime under unusual pressures or substantial duress. There are also factors not explicitly listed like love of family, low intelligence, military service, employment history, or exposure to sexual abuse that can lead to mitigated sentences.

Setting Aside a Judgement

If you’re convicted of a crime in Arizona the charge can stay on your record until you’re 99 years old. However, Arizona law allows many people to clean up their record by undergoing a process called “setting aside a judgement.” This system is similar to the process of “expungement” found in other states, but it will not completely remove the initial conviction.

Crimes involving a serious physical injury, exhibition of a deadly weapon, sexual motivation, or a victim younger than 15 are not applicable. However, other first-time offenses are eligible and interested parties can begin the process two years after completing jail time. As long as the defendant has finished the required terms and conditions of their probation, and any required drug or alcohol counseling they can proceed.

If the court grants the application to set aside a conviction, the relevant party can see the restoration of their civil rights. Depending on the judge’s decision this can mean the return of one’s right to vote, serve on a jury, hold public office, and possess a firearm. Furthermore, while the conviction will still show up on background checks the charge will be listed as “set aside.”

Finally

Whether you choose to proceed with legal backing is up to you but with the range in fines and prison time for every charge it’s important to fight for the best outcome possible. Especially if you believe your charge is eligible for a mitigated sentence and can eventually be set aside, do everything in your power to get through this time and eventually things may return to normal.

In your fight know that first-time felony offenders in Arizona can receive the most lenient sentences with the right evidence, and even be eligible for probation. No felony warrant will expire in Arizona so this isn’t a matter of waiting it out, but your attorney may be able to resolve the warrant before an arrest is made. To proceed carefully, find someone you trust to represent you and learn everything you can about your specific felony class structure.