Possession of Heroin

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 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.

Defenses to Possession of Heroin

You should not face a Possession of Narcotic Drugs charge alone for your possession of heroin case.  You need an experienced and aggressive team on your side that can tailor a defense that is specific to your case.  Defenses to a Possession of Narcotic Drugs case can include:

  • Lack of knowledge
  • No possession
  • Involuntary confession
  • Illegal search and seizure
  • Miranda violation

The specific defenses that apply to your case will vary, and so it is important to speak to an attorney as quickly as possible.  AZ Defenders offer free consultations for those charged with Possession of Narcotic Drugs.  Schedule your consultation today.

 

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