Category Archives: Criminal

Penalties for Possession of Drugs for Sale in Arizona

Criminal law prescribes different penalties when you get caught in possession of illegal drugs. These penalties usually depend on the amount of illicit substance that you possess at the time of the arrest. They could either charge you with mere possession or with possession of drugs for sale. If you have more than the threshold amount set by law, it is presumed that you intend to sell the excess. In such cases, you will likely be charged with possession of drugs for sale. Arizona law categorizes illegal drugs into three groups – dangerous drugs, narcotics, and marijuana. Under the dangerous drugs classification are the likes of ecstasy, LSD, methamphetamine, lorazepam, clonazepam, GHB, mescaline, and steroids. Meanwhile, heroin, cocaine, morphine, opium, oxycodone, and the like are classified as narcotics. Determining Intent As earlier stated, the volume of the substance found in your possession is the determining factor to indicate intent. There is what we call a statutory threshold. Possession of the illicit substance above the prescribed statutory threshold would indicate that you do not have the substance merely for personal use but actually intend to sell it. Under Arizona law, the following are the threshold amounts for common prohibited drugs: Lysergic acid diethylamide (LSD): .5 milliliter PCP: 4 grams Methamphetamine: 9 grams Amphetamine: 9 grams Heroin: 1 gram Cocaine: 9 grams Marijuana: 907 grams   Meanwhile, it’s a different story when it comes to determining intent to sell prescription drugs as a felony. In such cases, legal amounts of the prescription drug are taken on a case to case basis. It would depend on your medical and criminal history, the nature of the drug, and other considerations. Possible Penalties When caught carrying marijuana with a volume anywhere between 2 to 4 pounds, it is considered a class 5 felony under Arizona law. If you are caught with an amount above 4 pounds, it is considered a class 4 felony. The sentence prescribed for a class 5 felony is a maximum prison term of 2.5 years. Meanwhile, the maximum term for class 4 felonies is 3.75 years. On the other hand, when you are caught possessing volumes of illegal drugs that are beyond the threshold, you are deemed to have intent to sell the substance. Possession of marijuana for sale in Arizona is classified as a class 2 felony. Class 2 felonies carry a minimum sentence of 2 years imprisonment and a maximum of 12.5 years. On the other hand, possessing prescription drugs usually carry a lighter penalty. when caught possessing prescription drugs with intent to sell, it is considered as a class 6 felony which carries a maximum prison term of 1.5 years and a $1,000 fine. Along with the possible prison terms, other penalties such as community service, fines, and probation may also be imposed when it comes to these drug-related crimes. Worthy of mention is the fact that Arizona courts are likely to rule in favor of first-time offenders and those suffering from drug addiction. Most would be placed … Continue reading

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The Real Damage of False Criminal Accusations

Being falsely accused of a criminal act is one of the worst things that could happen to anyone. It can ruin your life. Plus it’s a waste of time, resources, and energy. When someone is falsely accused and charged with that crime, there are only two possible outcomes: The falsely accused is exonerated and proclaimed innocent The falsely accused is wrongly convicted and sentenced to serve jail time The first outcome is what most falsely accused defendants hope for. They believe that the truth will always prevail. However, some of those who are falsely accused are found guilty and serve severe punishments, and these people lose the peaceful life for which they worked so hard. They lose their jobs, their homes, their families, and their friends. People lose trust in them, and they feel helpless because there’s nothing they can do. When one is falsely accused, it is important to find the right people to help. Circumstances Where Someone Might be Falsely Accused of Crimes There are various reasons why, and scenarios in which someone might be falsely accused of a crime. Many of the prevalent crimes in which people are found to have been falsely accused are sex crimes. These crimes include rape, attempted rape, and other forms of sexual assault. A person may be wrongfully accused of sexual assault when: The victim or witness has mistakenly identified the accused as the criminal The accused is currently in a tumultuous relationship and their partners falsely accuses them of sexual assault to inflict pain and suffering The accused has had a sexual encounter with someone who proposed casual sex and then used that encounter to frame them for rape or sexual assault Other than sex crimes, false criminal accusations can also be commonly found in divorce cases. Often, the opposing parties opt to play dirty tricks against each other in order to get the upper hand. Domestic violence is the most common type of false accusation used in divorce trials. Other criminal acts that may be brought up in divorce cases include the following: Sexual abuse Child abuse Drug use Illegal acts Promiscuity or adultery Whatever the intentions of the complainant are, making false criminal accusations can drastically change someone’s life. Most of the time, even if proven innocent, they have difficulty getting their old life back. What to Do When Faced with a False Criminal Accusation When you are faced with a false criminal accusation, you SHOULD NOT do the following: Try to talk to the complainant (alleged victim) or witness Talk to officers without a lawyer present Volunteer to any kind of testing or permit searching without legal counsel Destroy or tamper with any evidence React violently or disorderly towards the complainant or the officers Instead, you SHOULD do the following: Insist on your right to remain silent Call for a lawyer or attorney to represent you Gather any physical evidence including documents and records of communications Demand for search warrants before accommodating any search party List names … Continue reading

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How is it Possible to have Drug-Related Cases Dismissed?

What are Some Possible Situations Where a Drug Case Can Be Dismissed? It may seem like a hopeless case to some, but there are several ways to have drug-related cases dismissed. In this article, you will learn about nine of the top strategies. Question the Evidence and how it was Obtained Prove that the officer didn’t have probable cause to search or arrest you. Don’t be fooled into thinking you can’t say no when an officer says that he/she needs to search for drugs in your person, vehicle, or home. If the officer continued after you refused, any evidence found would not be accepted in court. Prove that You’re not Involved You might have been in possession of drugs because of external circumstances and not because you really own them. For example, someone may have placed drugs in your bag by mistake, or you may have borrowed a relative’s car without knowing he had bags of marijuana in it. You must provide evidence that you are not involved with the crime. A lawyer can help you gather proof and present it convincingly in court. Prove that a Substance is Not an Illicit Drug Other people may mistake certain things to be drugs. The following things have been mistaken for drugs before: Cat litter Baking soda Dough Donut glaze Candies Herbs and spices You can have charges dropped by sending the substance to a lab so that they can analyze it. At the very least, this will delay the trial as the prosecutor needs to wait until the lab technician is available. Confront the Accuser Police will try to keep their informants secret. But, under the Sixth Amendment, you have the right to confront the person who is accusing you. The attorney may give you a better deal to avoid putting the informant into the public eye. You can also gain sympathy when the informant is confidential. People may react negatively when they learn that the accuser is someone who is unknown and may have sinister motives. Defend Against Entrapment Entrapment is when a person is pressured to do something that he/she would not do otherwise. This strategy can be used if an undercover agent teamed up with an informant and pressured somebody, leading that person into getting caught doing something he/she wouldn’t normally do. Request Amendment Request that the charge be amended before the case has been resolved. This can be done with some negotiation with the state attorney. You have to act fast for this, so you need to contact a clever lawyer as soon as you can. Offer Substantial Assistance Offering something that will help law enforcement may convince them to decrease the penalties they will give you. For example, you can give valuable information to the detective that will help them catch drug dealers. Join the Deferred Prosecution Program Some states offer deferred prosecution programs for certain people. Following the instructions for a given period can result in the dropping of charges. Receive Drug Treatments You can … Continue reading

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Arizona Misdemeanor: Understanding Its Classes and Penalties

A misdemeanor charge is technically considered a “light” offense compared to a felony. However, no matter how light or insignificant you may think the offense is, a misdemeanor is still a crime that can call for serious penalties. In the US, a misdemeanor is a non-indictable criminal offense. This means that the offender cannot be detained for nearly as long as they could with an indictable offense. However, the offender can still face jail time for up to a maximum of 6 months with years of probation. Here’s what you need to learn about misdemeanors and how they’re treated in Arizona:     Classes of Misdemeanor in Arizona Misdemeanors are often referred to as petty or disorderly offenses. In Arizona, misdemeanor offenses fall under the following classifications: Class 1 Misdemeanor Class 1 Misdemeanors are considered the most serious level of misdemeanor. These offenses include: Assault resulting in injury Domestic violence Possession of marijuana and other drugs DUI (Driving Under Influence) Driving on a suspended license Prostitution Shoplifting or theft Disorderly conduct and criminal damage   Class 2 Misdemeanors are offenses that cause less serious impact or damage: Assault with threats of injury Criminal trespassing (second degree) Criminal damage Reckless driving   Class 3 Misdemeanors are the least severe disorderly offenses: Simple assault Criminal trespassing (third degree) Criminal speeding Loitering Failure to appear in court   Penalties for Misdemeanors in Arizona The severity of the penalty will depend on the classification of the misdemeanor charge, and the specific type of offense committed. In Arizona, the sentence and penalties for the different classes of misdemeanor normally follow this guideline: Class 1 Misdemeanor Up to 6 months of jail time in local or county prison Up to $2,500 in fines and surcharges Up to 5 years of probation   Class 2 Misdemeanor Up to 4 months of jail time in local or county prison Up to $750 in fines and surcharges Up to 2 years of probation   Class 3 Misdemeanor Up to 1 month of jail time in local or county prison Up to $500 in fines and surcharges Up to 1 year of probation Special Conditions for Misdemeanors in Arizona Sometimes, a person who commits a misdemeanor can be charged with a more serious offense, such as a felony or a higher level of misdemeanor. This happens when certain “special” conditions or complexities are met. For example, an offender who was previously charged with two Class 1 misdemeanors and has committed another Class 1 misdemeanor can be charged with a felony offense due to the increased gravity of the offenses. Another example is when an offender who previously committed a Class 2 misdemeanor, commits another misdemeanor. This will more likely lead to a Class 1 sentence and penalty, depending on the gravity of the offense. The possession of illegal drugs may also call for additional penalties such as a higher fine or longer jail time. DUI charges may also be raised to a felony due to aggravating circumstances. How to Get … Continue reading

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Aggravated Assault Charges Defense in Arizona

Arizona prosecutors file thousands of criminal cases every year. A lot of these cases involve assault allegations. An assault charge in Arizona may either be a felony or a misdemeanor, depending on the particular circumstances of the charge. Elements of Assault and Aggravated Assault The state recognizes 2 kinds of assault that don’t involve sexual elements. These are assault and aggravated assault. There are two things the prosecutor must establish to prove a crime of assault or aggravated assault: that the defendant committed the act (actus reus in Latin), and that he performed it with the necessary mind-set (mens rea). Actus reus refers to the physical action constituting a crime element. In an assault case, for instance, it may be a blow with a fist, pulling the trigger of a gun, or a stabbing motion. But, for the defendant to be guilty of the crime, the prosecution must first show that the defendant committed the crime with a guilty mind. Assault Except for very few situations, Arizona crimes mandate that the prosecution establish that the defendant committed the act with a certain degree of intent, knowledge, or recklessness. For instance, Arizona assault laws say that a person can be guilty of assault if he knowingly, intentionally, or recklessly caused another person to suffer a form of physical injury. A defendant who bumps into another person by accident will therefore not be guilty of assault. This is because while the other person may have sustained an injury because of the actions of the defendant, the latter did not act knowingly, intentionally, or recklessly. The criminal laws of Arizona don’t punish negligent behavior in general. Thus, even if the defendant proclaims his negligence in bumping into the victim, he would still not be found guilty of the charge. Aggravated Assault An aggravated assault in Arizona is similar to an assault charge, but with an additional proof supporting one or more specific facts. The following can elevate a criminal charge from assault to aggravated assault: The complainant sustained serious physical injury. There was use of a deadly weapon, which can be a felony. The defendant performed the alleged assault after gaining entry into the victim’s home with the intention to assault them. The defendant is at least 18 years old, and the alleged crime was performed against a person who is under 15 years old. The alleged crime was performed against a protected member of a class such as a prosecutor, police officer, teacher, or firefighter. Are You or Any of Your Loved Ones Facing an Assault Charge in Arizona? If you or a loved one has been arrested for the crime of assault in Arizona, it is best to get in touch with a reputable attorney right away. This way, your rights as a defendant will be safeguarded. Your lawyer can also help you strategize your defense and get the best possible result for your case. Contact the Law Offices of Gary L Rohlwing for help. Atty. Rohlwing has successfully defended hundreds … Continue reading

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