Under Arizona Revised Statutes § 13-3401, Heroin is classified as a narcotic drug. If you are charged with possession of heroin in Arizona, you will be charged with Possession of Narcotic Drugs per Arizona Revised Statutes § 13-3408(A)(1).
To be convicted of possession of heroin pursuant to the Possession of Narcotic Drugs statute, the State must prove that (1) knowing possession of (2) a narcotic drug, like heroin.
Conviction of Possession of Narcotic Drugs for possession of heroin will lead to a class four felony on your record. A class four felony can lead to serious punishments and other consequences. If you are convicted of a class four felony, you can be sentenced to prison for between 1 year and 3.75 years. Fortunately, Proposition 200 protects most first-time offenders from prison or jail time, but you can nevertheless be sentenced to a term of probation up to 4 years.
If you have prior felony convictions, you face an even greater potential prison sentence if Proposition 200 does not apply. The prison range for Possession of Narcotic Drugs can increase from 1-3.75 years to 2.25-15 years, depending on your history.
Perhaps more importantly than prison or probation, a felony probation is a stain that can never be removed from your record as Arizona has no expungement. A felony can lead to the loss of your civil rights, right to possess a firearm, loss of work, and loss of future opportunities.
You should not face a Possession of Narcotic Drugs charge alone for your possession of heroin case. You need an experienced and aggressive Phoenix drug possession attorney on your side that can tailor a defense that is specific to your case. Defenses to a Possession of Narcotic Drugs case can include:
The specific defenses that apply to your case will vary, and so it is important to speak to a criminal defense attorney in Phoenix as quickly as possible. AZ Defenders offer free consultations for those charged with Possession of Narcotic Drugs. Schedule your consultation today.