If you are arrested for drug possession, you will want to seek the help of a criminal attorney right away. An attorney will fight for your rights and help ensure that you are treated fairly. Here are some things you should know about what happens in a felony drug possession case:
The Drug Classification Affects the Penalty
Arizona’s drug laws are based, in part, on the federal Controlled Substances Act (CSA). The CSA divides drugs into “schedules,” or groups based on a drug’s perceived level of danger. For example, marijuana and heroin are Schedule I drugs based on their high potential for abuse. Drugs that are less addictive or have accepted medical uses fall under Schedules II to V. The penalties for a drug possession charge usually take into consideration the schedule(s) of the drugs involved in the specific case.
The Amount in Possession Affects the Penalty
The amount of a drug that you have in your possession will affect the class of felony charge and the penalty you potentially face. For example, in Arizona, courts distinguish between less than two pounds of marijuana, two to four pounds, and more than four pounds. Class 1 felonies charges are the most severe, while Class 6 felonies are the least severe and can carry only up to a one-year sentence.
Imprisonment Is Not the Only Potential Penalty
The punishment in felony drug possession cases is not necessarily limited to imprisonment. Defendants may be ordered to pay a fine, pay victim restitution, receive treatment, perform community service, or undergo regular drug testing.
At Blumberg & Associates, we practice in a variety of criminal law matters, including drug possession cases. We have been serving residents in the state of Arizona for the last 15 years. Have you been charged with felony drug possession? If so, visit our website or call (602) 277-6180 today for more information.