Heroin is one of the largest illicit drugs on the market. Selling, possessing, or trafficking the drug across state lines is a federal offense. Within the State of Arizona, it is also illegal to sell, posses, or traffic heroin.
Does Arizona Categorize Heroin as a Schedule I drug?
Yes, Arizona includes heroin as a Schedule I drug. Heroin is considered one of the most addictive drugs, so this category makes heroin a felony crime.
Is There a Specific Amount of Heroin That Makes Heroin Possession a Crime?
Yes, when a person possession a gram of heroin or more, it’s considered a crime.
Why Was I Charged with Possessing Heroin in Arizona?
There are two situations where you can be charged with possession of heroin. The person actually possesses heroin and it is physically in their control. The other is constructive possession, which occurs when a person possesses heroin but it’s not in their direct possession, but the individual still has the intent and power to control it.
What is the Sentence for a First-Time Heroin Possession in Arizona?
Possession of heroin is a class 4 felony. The punishment is a minimum of two years and six months in prison. The maximum sentence is 12 and half years in prison.
Could a Heroin Possession Charge Become a Misdemeanor?
Yes. If a defendant doesn’t have a previous felony, the court may reduce the charge to a misdemeanor with a jail sentence and fine.
What if this is My Second Heroin Possession Charge?
A second heroin possession charge and conviction has a maximum sentence of 23 and ¼ years in prison.
What is the Sentence for a Third Heroin Possession Conviction?
A third conviction is a minimum of six years in prison. The maximum is at least 35 years in prison.
Do I Need to Talk to a Lawyer?
Yes, it’s in your best interest to talk to a criminal lawyer in Arizona about your heroin possession charge. You will find out if it’s possible to reduce or eliminate the criminal charge.