Are you an Arizonian who has been charged with Possessing a Narcotic Drug for Sale? If you have, you're probably wondering what are the penalties for selling narcotics in Mesa, Arizona? Unfortunately, the consequences of a conviction can be very serious, especially if you have a previous criminal record.

However, a criminal charge for selling narcotics does not automatically mean that you will be convicted. Hiring a skilled defense lawyer who understands the criminal justice system, particularly if they have experience with drug offenses, will give you a leg up on fighting your charge.

What are narcotics?

Narcotics are commonly known as “opioids”, and include opium, opium derivatives, and their semi-synthetic substitutes. The term “narcotic” originates from the Greek word for “stupor”. This makes sense, since opioids are known for dulling your senses and relieving pain. Common examples of narcotics include heroin and pharmaceutical drugs such as OxyContin, Vicodin, codeine, morphine, methadone, and fentanyl.

There are three types of narcotics/opioids:

• Natural
• Synthetic
• Semi-Synthetic

Natural opioids are made from opium poppies (Papaver somniferum). On the other hand, synthetic opioids such as meperidine, fentanyl, and methadone are made in a lab. Semi-synthetic opioids, including heroin, oxycodone, hydrocodone, and hydromorphone, are made in a lab from natural opium products, such as morphine and codeine.

Arizona law includes a list of nearly 100 substances that are considered narcotics for the purpose of any criminal offenses involving the sale or possession of narcotics. You can be found guilty of a narcotics-related crime if the substance involved is on the list, or if it is a substance that cannot be chemically or physically distinguished from a substance on the list.

Criminal Offenses in Arizona Involving Narcotics

Arizona law make it a crime to do any of the following:

• 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.
• 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.

These narcotics-related offenses are all felonies, ranging from a class 4 felony to a class 2 felony for first-time offenders.

The only class 4 felony narcotics offenses are simple possession (for personal use) or personal use.

Class 3 felonies include:

• Possessing equipment or chemicals for manufacturing narcotics
• Obtaining a narcotic through fraud

That means the remaining narcotics offenses are class 2 felonies:

• Possessing a narcotic drug for sale
• Manufacturing a narcotic drug
• Administering a narcotic drug to another person
• Transporting a narcotic drug for sale

Possible Jail Time for Narcotics Offenses

Since all narcotics-related crimes in Arizona are felonies, they all carry a possible jail sentence. Some offenders who are charged with class 3 or class 4 narcotics felonies are eligible for probation. However, people who are convicted of class 2 felonies, including Possessing a Narcotic Drug for Sale, can be ineligible for suspended sentences, probation, pardon, or release from confinement until they serve their full sentence (accounting for earned release credits), or their sentence is commuted. Earned release credits are given to inmates for presentence incarceration and other time served, so that the actual time served by the inmate does not exceed the sentence imposed by the court.

For first-time offenders in Arizona, a narcotics charge for simple possession or use (class 4 felonies) is punishable by a range of sentences from 1 year to 3.75 years. The presumptive sentence will be 2.5 years if no aggravating or mitigating circumstances exist. Repeat felons face sentences between 1 year to 15 years.

In Arizona, a first offense class 3 felony conviction for a narcotics offense can result in a prison term between 2 years and 8.75 years. If there are no aggravating or mitigating circumstances identified, then the sentence will be 3.5 years. Sentences for repeat offenders can range from 2 years to 25 years.

Finally, people without a criminal history who are convicted of a narcotics-related class 2 felony offense face prison time of between 3 years to 12.5 years. The presumptive sentence will be 5 years for first-time offenders. However, repeat felons can face sentences ranging from 3 years all the way to 35 years for chronic reoffenders.

Additional Penalties for Selling Narcotics in Arizona

In addition to any jail time, if you are convicted of a narcotic offense, you will have to pay a fine of at least $2,000 or three times the value of the narcotic drugs involved, whichever is greater.

If you are given probation instead of jail time, you will have to submit to comprehensive drug testing for marijuana, dangerous drugs, narcotic drugs, and prescription-only drugs as a condition of your release. You will also be ordered to perform at least 360 hours of community restitution with an agency or organization that provides counseling, rehabilitation, or treatment for alcohol or drug abuse, an agency or organization that provides medical treatment to persons who abuse controlled substances, an agency or organization that serves persons who are victims of crime, or any other appropriate agency or organization.

Why you need a criminal defense attorney

Even though the penalties for selling narcotics in Mesa, Arizona can be severe, you should not abandon all hope if you are arrested. An experienced criminal defense attorney will be well-versed in a variety of strategies that may allow you avoid conviction. One of the most common ways defense attorneys win drug cases is by challenging the constitutionality of the police’s conduct leading to and after your arrest.

In America, if the police violate your constitutional rights while investigating whether you committed a crime, arresting you, and/or questioning you after you are arrested, any evidence that they obtained as a result of that violation cannot be used against you. In your narcotics case, your attorney may be able to file a motion to suppress some (or all) of the evidence against you in certain circumstances. Your attorney has a strong argument for keeping evidence against you from being considered if:

• The police did not read you your Miranda rights, such as “you have the right to remain silent”, when you were arrested.
• The police questioned you even after you said you wanted an attorney.
• The police arrested you or seized evidence without probable cause.
• The police stopped and/or searched you without reasonable suspicion.
• The police did not get a warrant when it was necessary to obtain evidence.

Because prosecutors are required to present evidence that proves you are guilty beyond a reasonable doubt, getting key evidence against you excluded can lead to charges being dropped or you being acquitted. Your criminal defense attorney will look at how the evidence against you was obtained, and find the best arguments for excluding that evidence.