Drug offense sentencing in Arizona can be very complicated. Arizona is known for having harsh drug laws. However, two people who face a similar set of circumstances can receive different outcomes based on the evidence an attorney presents to the court. Many factors influence drug offense sentencing in Arizona.
These factors include the following.
- Were the drugs intended for personal use or sale?
- How much of the drug was involved?
- Was the convicted person a repeat offender?
- What type of drug was involved in the offense?
Sentencing factors in Arizona are contained in the federal and state statutes. The United States Sentencing Commission Guidelines give directions on drug sentencing under federal law. Arizona sentencing guidelines are contained under the Arizona Criminal Code Sentencing Provisions, and A.R.S. 13 Chapters 7, 8, and 9.
The statutory guidelines provide a sentencing range. These include minimum and maximum sentences. The guidelines for methamphetamine offenses, for example, in Arizona are tough. People convicted on a first offense of selling meth, the equipment, or the chemicals to make meth, face a minimum sentence of five years in prison, a presumptive sentence of 10 years, and a maximum sentence of 15 years.
Non-statutory factors may influence drug offense sentencing in Arizona within these ranges. They include the defendant’s character, history, and the circumstances surrounding the offense. The court will consider factors like violence or threats in a drug offense, a prior criminal record, and the nature of the harm to victims. Mental and physical health and substance abuse can be taken into consideration in drug sentencing in Arizona.
The quantity of drugs is particularly important in narcotics offenses in Arizona. The state has so-called “threshold amounts.”
The “threshold amount” is defined as the particular quantity of drugs over a certain amount which attracts a mandatory prison sentence. These sentences apply to both repeat offenders and first-time drug offenders; irrespective of whether they have a prior criminal record.
The threshold amounts are related to the amount of the drug and the degree of danger. Deadly drugs like heroin have much smaller threshold amounts than marijuana.
The threshold amounts relevant to drug sentencing in Arizona include the following:
- Heroin – 1 gram;
- Cocaine – 9 grams;
- Methamphetamine (Meth) – 9 grams;
- Amphetamine – 9 grams;
- Marijuana – 2 pounds;
At the Garcia Law Firm, our attorney is well aware of the link between mental illness and drug dependency. These factors are important in mitigation. Many people who are arrested for drug offenses are addicted to these substances. Please contact us today over drug crimes.