Does Arizona Classify Heroin as a Schedule I Substance?
Yes, Arizona classifies heroin as a Schedule I controlled substance. Because heroin is considered one of the most addictive drugs, it is classified as a felony under this category.
Is There a Certain Amount of Heroin That Constitutes Heroin Possession?
Yes, possessing a gram or more of heroin is considered a crime.
Why Was I Charged in Arizona with Heroin Possession?
There are two scenarios in which you can be charged with heroin possession. The individual possesses heroin and is physically in control of it. The other is constructive possession, which occurs when an individual possesses heroin but does not have it directly in their possession, but still has the intent and ability to control it.
What is the Arizona Penalty for First-Time Heroin Possession?
Heroin possession is a class 4 felony. A minimum of two years and six months in prison is the penalty. Maximum prison sentence is 12 and a half years.
Could a Charge of Heroin Possession Be Reduced to a Misdemeanor?
Yes. If the defendant has never been convicted of a felony, the court may reduce the charge to a misdemeanor punishable by jail time and a fine.
What if This Is My Second Charge of Heroin Possession?
A second conviction for heroin possession carries a maximum sentence of 23 to 14 years in prison.
What is the Penalty for a Third Conviction of Heroin Possession?
A third conviction carries a mandatory minimum sentence of six years in prison. At least 35 years in prison is the maximum sentence.
Do I Need to Consult an Attorney?
Yes, it is in your best interest to consult with an Arizona criminal defense attorney regarding your heroin possession charge. You will learn whether it is possible to mitigate or dismiss the criminal charge.
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*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.