It’s unlawful to possess illegal drugs in Arizona, including heroin. Heroin is widely considered the most dangerously addictive illegal narcotic drug with wide-ranging impacts on society as well as on the individual user. A charge of heroin possession is serious, with critical long-term impacts if convicted.
Arizona’s threshold amount for heroin possession is only 1 gram, making it very easy to escalate a possession charge into an aggravated offense with stiffer penalties or a charge of possession with intent to sell or distribute. In addition, no possession charge is ever non-serious. Felony possession charges for heroin in Arizona can not only result in incarceration upon conviction, but a conviction will have long-term impacts on your life, affecting the ability to work in many jobs, obtain commercial licensing, or rent the apartment you’d prefer. It also has a significant social stigma that affects relationships.
Understanding Heroin Possession Charges in Arizona
Heroin is an opiate, meaning Arizona classifies it as a dangerous Schedule 1 drug. Schedule 1 drugs have no approved medical use and a high probability of abuse and addiction. Because heroin is a Schedule 1 drug, possession of heroin is a class 4 felony. A conviction comes with a presumptive prison sentence of 2.5 years even for most first-time convictions. In aggravated possession of heroin charges, a conviction could require 3.75 years of incarceration. A charge may be elevated to an aggravated charge if other conditions exist, such as being found in possession near a school or park.
However, the courts have the discretion to reduce the charges to a class 1 misdemeanor under some circumstances, like for an individual with no previous criminal record or for possession of an amount substantially under the threshold limit.
Defenses to Possession of Heroin Charges
It’s essential to mount an immediate aggressive Phoenix drug crime legal defense case to a class 4 felony charge of heroin possession. Arizona prosecutors take drug offenses very seriously and must prove beyond a reasonable doubt that you were knowingly in possession of an illegal drug. The prosecutor’s job is to convey to a jury that you knew the heroin was there and had control over it.
The stakes are high for a conviction. Fortunately, there are valid legal defense strategies that can reduce the charges or end in a dismissal. Some examples include the following effective legal defenses:
- Law enforcement officers violated your constitutionally protected rights during the arrest
- There was an error in the chain of custody that invalidates the evidence so the evidence must be suppressed in a trial
- You weren’t knowingly in possession of the heroin—for instance, maybe your roommate sometimes borrows your jacket and accidentally left the heroin in a pocket or you left your car unlocked in an area where homeless people reside
Additionally, if the arrest is for a first offense, an attorney may be able to reduce the charges in exchange for your attendance in a diversion program with mandatory drug testing and addiction treatment.
How Can a Criminal Defense Attorney Help?
When arrested for possession of heroin, you’ll be taken to the station and booked on felony charges with fingerprinting and mugshots. Then the officers will allow you a phone call. After an arrest, your call should always be to an aggressive defense attorney or to a loved one who can arrange for your immediate defense through an Arizona criminal defense lawyer from Stewart Law Group. However, it’s important to note that the police may listen to a call you make to a family member, but they cannot lawfully listen to you when you speak to an attorney.
Call Stewart Law Group for the strong defense that you’re promised by the U.S. Constitution. Your future depends on an effective legal defense that begins the moment you are booked.