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Drug Crimes Criminal Defense

Arizona Drug Crimes Criminal Defense

Facing drug-related charges can be overwhelming and life-changing. At Armour Legal, our dedicated team of criminal defense attorneys understands the intricacies of DUI/OUI and drug laws and the severe consequences that accompany these offenses. Whether you are dealing with minor possession charges or significant trafficking allegations, we are committed to providing you with a strong defense tailored to your unique situation.

Drug Sales/Trafficking/Transportation

In Arizona, controlled substances are classified into six distinct categories: narcotics, dangerous drugs, prescription drugs, marijuana, substances that produce toxic vapors, and peyote. According to Arizona Revised Statutes (A.R.S.) §13-3407(A)(2) and §13-3407(A)(7), it is illegal to knowingly possess or transport a dangerous drug for sale. If an individual is apprehended for selling drugs, the prosecution will evaluate various factors to determine the severity of the charges. Key elements that may influence the outcome include:
  • The specific category of the drug involved
  • The defendant’s prior criminal history
  • The quantity of drugs in question
  • The strength and reliability of the evidence presented by the prosecution
Drug sales charges are treated with particular gravity when certain aggravating circumstances are present. These may include the use of a dangerous weapon during the sale, the act of selling drugs to minors, or any accompanying criminal offenses. Every crime must be proven beyond reasonable doubt, and drug crimes are no different. Armour Legal can craft numerous defense strategies to negotiate better plea conditions or even prove your innocence.

DUI/OUI Defense

In Arizona, a DUI (driving under the influence ARS § 28-1381) or OUI (operating under the influence ARS § 5-395) is a criminal charge that can result in jail time, fines, and other penalties. Various levels of intoxication by alcohol or drugs result in different charges. Some of the basic charges are:
  • First offense: A minimum of 10 days in jail and a minimum of $1,250 in fines
  • Second or subsequent offenses: A minimum of 90 days in jail, a minimum of $3,000 in fines, and a 12-month driver’s license revocation
  • Third-time offenses: Aggravated convictions that are typically class four felonies
Our seasoned DUI Defense Attorneys know how to examine evidence and investigate the circumstances of your case to find mitigating factors or uncover rights violations that can significantly impact your case and its consequences.

Aggravated DUI

Aggravated Driving Under the Influence (A.R.S. §28-1383) encompasses several specific situations. It applies to individuals who operate a vehicle while their license is suspended, revoked, or canceled. Additionally, it includes those who commit a third DUI offense within a period of 84 months. The category also covers cases where a person drives under the influence with a minor under the age of 15 present in the vehicle. Moreover, it pertains to individuals who either commit a DUI or refuse to undergo a blood alcohol content (BAC) test while subject to an ignition interlock device requirement.

Drug & Drug Paraphernalia Possession

Possession of controlled, dangerous substances (A.R.S.) §13-3408 can be charged as a Class 1 misdemeanor or a Class 3, 4, or 5 felony in Arizona, depending on the type of drug possessed. Possession of drug paraphernalia is codified at ARS 13-3415. Under this statute, you can be charged with a Class 6 felony offense if you use or possess paraphernalia. The Fourth Amendment safeguards against unlawful searches and seizures. This protection stipulates that law enforcement officers must possess a reasonable suspicion of criminal activity when initiating a traffic stop and have probable cause to make an arrest for driving under the influence (DUI). A mere traffic violation or DUI alone does not provide sufficient grounds for searching a vehicle. Officers must also have probable cause related to another crime to lawfully search a car for illicit substances while conducting a traffic stop.

Federal vs. State Drug Charges

In Arizona, crimes that do not involve the transportation of drugs across state borders are typically prosecuted under the state’s criminal laws within the state court system. Conversely, federal drug laws are applied to cases involving trafficking, larger quantities of drugs, or offenses that cross state lines.

Federal cases generally carry more severe penalties, often including mandatory minimum sentences, and are processed in federal court, which operates under different procedural rules than state courts.

Examples of situations that may result in federal prosecution include large-scale drug trafficking, manufacturing operations, or the smuggling of drugs across state or national borders. In these instances, federal agencies, such as the Drug Enforcement Administration (DEA), frequently become involved, leading to more stringent sentencing.

Seasoned DUI & Drug Crimes Defense

If you or someone you know is facing these challenges, taking proactive steps and seeking the support you need immediately is essential. Armour Legal in Mesa provides numerous defense strategies for drug crimes to prove your innocence, mitigate penalties, and more. To schedule a free consultation, contact Armour Legal at 602-550-8919 or complete the contact form today.

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