Phoenix Cocaine & Meth Defense Lawyer
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Cocaine & Meth Defense Lawyer
When it comes to drug crimes, there are a number of factors that will determine how an offense is classified, and what the potential penalties may be if you are convicted. Two of the more important of these factors are the drug involved, and the conduct you are accused of, for example, possession, trafficking, etc.
What are the Classifications for Cocaine and Methamphetamine?
- Possession of cocaine. Class 4 felony.
- Possession for sale of cocaine. Class 2 felony.
- Possession of equipment and/or chemicals for manufacturing cocaine. Class 3 felony.
- Manufacturing cocaine. Class 2 felony.
- Administering cocaine to someone else. Class 2 felony.
- Obtaining cocaine through fraud or deceit. Class 3 misdemeanor.
- Selling, transferring, or importing cocaine into Arizona, or offering to do so. Class 2 felony.
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Methamphetamine is designated as a “dangerous drug” in Arizona. Although it is generally classified along with many other dangerous drugs, it is treated in certain respects more harshly than other drugs in the same class.
The penalties for possession, possession for sale, sale, trafficking, etc. generally mirror those for cocaine and other drugs classified as narcotics. But because meth is considered one of the most dangerous illegal drugs, some special rules have been applied. While many first time drug offenders are automatically eligible for probation, that provision does not apply to methamphetamine, which, under Prop 301, allows jail time for first offenders who are convicted of possession of meth for personal use.
The stigma carried by meth has even led to a special statute, A.R.S. 13-3407.01, which makes it a class 2 felony to manufacture meth under circumstances causing injury to a minor under the age of 15.
Defenses to Cocaine and Meth Charges
- Lack of knowing possession. The drugs belonged to someone else and you were unaware of their presence. An example would be if you borrowed a car from a friend, were stopped by the police, and drugs were found in the vehicle, but you had no knowledge that drugs were in the car.
- Illegal search and seizure. The essence of this defense is illegally obtained evidence. It includes warrantless searches without probable cause, defective warrants, going beyond the scope of a warrant, and others.
- Faulty crime lab analysis. It is not enough that a substance looks like or smells like a particular drug. The substance must be properly analyzed by a lab to prove what it is.
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Cocaine and Meth Defense Attorney in Phoenix
As we made clear above, cocaine and meth charges are serious. In each case, the charge is a felony, whether the activity is possession, use, possession for sale, trafficking or other illegal activities relating to these drugs. At The Feldman Law Firm, we are experienced drug crime lawyers. Call us. We are available to discuss your case, and your initial consultation is free.