Homicide is the unlawful killing of a human being.  Under Arizona Law, homicide is broken down to cover the following different criminal offenses, in order of seriousness:  First-Degree Murder, Second-Degree Murder, Manslaughter, and Negligent Homicide.  While the punishments for the different grades of homicide vary, all of the Arizona homicide charges are felonies, and they are all very serious.

While many offenses are regarded as "victimless" crimes, homicide charges are the extreme opposite; a person died.  Even where the defendant had no intention of harming anyone, a criminally negligent or reckless act causing the death of another person will be prosecuted aggressively.  If you or a loved one is facing homicide charges, contact a Tucson Criminal Defense Attorney now to discuss the charges, possible defenses, and any other questions you may have.  When facing homicide charges, it is important to have an attorney on your side who has the knowledge, experience, toughness, and desire to help you achieve the best possible result. 

CALL NOW FOR A FREE CONSULTATION   520-585-5757

FIRST DEGREE MURDER
First Degree Murder is the most serious homicide charge, punishable by life imprisonment or even death.  First degree murder is traditionally the premeditated, intentional killing of another person. "'Premeditation' means that the defendant acts with either the intention or the knowledge that he will kill another human being, when such intention or knowledge precedes the killing by any length of time to permit reflection. Proof of actual reflection is not required, but an act is not done with premeditation if it is the instant effect of a sudden quarrel or heat of passion."  Not much time or planning is required to prove premeditation, and in the case of most intentional killings, prosecutors will charge the most serious charge, first degree murder.  First degree murder can also be charged under the Felony Murder Rule (when someone is killed during the commission of certain specified serious and violent felonies), or if the victim is a law enforcement officer.
Arizona Revised Statutes 13-1105

SECOND DEGREE MURDER
Second Degree Murder is a killing that is done (1) intentionally, (2) with knowledge that the conduct would cause death or serious injury, or (3) under circumstances manifesting extreme indifference to human life.  It is important to note that not all second degree murder cases are the result of intentional killings.  This can create a murky line between murder and manslaughter, and has resulted in unequal application of homicide laws to similar conduct.  At what point a "reckless" act becomes one that "manifests extreme indifference to human life" is a subjective determination.  Unfortunately for defendants, prosecutors tend to charge the most serious offense, and most judges are former prosecutors.  Accordingly, absent a great defense, a reckless homicides can quickly end up being a murder conviction.  Second Degree Murder is a class one felony, punishable by up to 22 years in prison.
Arizona Revised Statutes 13-1104

More Information on MURDER Cases |  More Information on ATTEMPTED MURDER Cases

MANSLAUGHTER
At Common Law, there are two types of Manslaughter: Voluntary and Involuntary.  Under Arizona Law, a person may be charged with manslaughter under any of the following five circumstances:
-Recklessly causing the death of another person (traditionally called "involuntary manslaughter")
-An intentional killing upon sudden quarrel or adequate provocation (traditionally called "voluntary manslaughter")
-Providing a person who commits suicide with the means to do so, with the knowledge that they intend to commit suicide.
-An intentional killing committed upon coercion or threat.
Manslaughter is a Class 2 felony in Arizona, and is punishable by a minimum of 4 years and a maximum of 10 years in prison.
Arizona Revised Statutes 13-1103

More Information on MANSLAUGHTER Cases

NEGLIGENT HOMICIDE
Negligent homicide is the least serious of the homicide charges under Arizona Law, but is still a Class 4 Felony.  In order to sustain a conviction for Negligent Homicide, the prosecution must prove that the defendant caused the death of the victim, and that the defendant acted with criminal negligence.  Arizona Revised Statutes 13-1102

VISIT OUR PAGE ABOUT ATTEMPTED MURDER HERE

COMMON DEFENSES IN HOMICIDE CASES

Causation - For all types of homicide, the government must prove that the defendant actually caused the victim's death.  One example of this is that of a defendant being charged for the death of a person who committed suicide.  Causation is a tricky issue in homicide law, and requires keen legal skills.

Mistaken Identity - Faulty eyewitness identification is the leading cause of false convictions.  Often, witnesses are more confident in their ability to identify a perpetrator than they should be, and pick out the wrong person.  Adding to the problem, police use suggestive tactics that make identifications even more unreliable.

Self Defense - A person may defend themselves with deadly force where a reasonable person would believe the force necessary to protect themselves.  A person who is in a place where he/she may legally be, and is not engaged in an unlawful act, has no duty to retreat before using deadly force.

Lack of Intent - While negligent homicide and manslaughter do not require intent to kill as an element, murder requires intent (or in the case of second degree murder, "extreme indifference").  Therefore, showing a lack of intent, knowledge, or extreme indifference, can help to avoid a murder conviction.

Provocation and Coercion - With sufficient provocation, or under the threat of violence from someone else, an intentional killing is punishable as manslaughter instead of murder.  This can mean a major difference at sentencing (manslaughter is punishable by as little as 4 years; 2nd murder is punishable by 10-22 years; 1st degree murder is punishable by life in prison, even death).

Insanity - A person afflicted by a mental disease or defect so severe that, at the time of the commission of a crime, they cannot realize that the act is wrong.  The burden to prove insanity is on the defendant, and must be proven by clear and convincing evidence.

Alibi - People cannot be in two places at the same time.  If a defendant has an air-tight alibi (i.e. was somewhere else at the time of the killing), it will at least raise a doubt as to how they could have committed the charged offense.

Intoxication - Voluntary intoxication is not a general defense to crimes in Arizona, but it can serve to negate the specific intent element of certain crimes.  Involuntary intoxication (against ones will) or voluntary intoxication from the non-abusive use of prescribed medication.

IF YOU OR A LOVED ONE HAS BEEN ARRESTED, CHARGED, OR IS UNDER INVESTIGATION FOR A HOMICIDE OFFENSE IN TUCSON, ARIZONA, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY 520-585-5757

Law enforcement and prosecuting agencies devote a lot of time and resources to Driving Under the Influence ("DUI") enforcement.  Arizona's DUI laws are particularly strict, and complex, when compared with some other states.  If you or a loved one has been arrested for DUI, you need a knowledgeable, experienced DUI lawyer to assert your best defenses to keep your record clean.  A DUI arrest does not have to mean a DUI conviction.  A criminal conviction, particularly one that is driving and substance-related, can impact your life in many ways.  Having an attorney whose experience and advice you trust is essential.  Contact us now for a free consultation.  We can discuss the details of your case, evaluate your possible defenses, and discuss how we might be able to protect your liberty and driving privilege.

More than 10,000 people in America die from drunk driving accidents each year.  For decades, DUI enforcement was not something that law enforcement agencies gave much thought to.  Today, DUI enforcement is the primary activity of many police departments.  In Arizona alone, there are roughly 1000 (see NHTSA State of Arizona Highway Safety Report).  With DUI accidents so prevalent and so deadly in Arizona, prosecutors and police aggressively seek out potential drunk drivers with DUI checkpoints, saturation points, and targeted enforcement. 

DRIVING UNDER THE INFLUENCE ("DUI")
In order to convict someone of Driving Under the Influence, the government must prove that a person was driving while having a Blood Alcohol Concentration ("BAC") of .08 or higher, OR while impaired by drugs or alcohol to the slightest degree.  This means that if a person is below the legal limit, they can still be arrested, charged, and even convicted of driving under the influence in there is evidence of impairment.  For motorists under 21, driving with any measurable amount of alcohol is against the law.  Additionally, it is possible to be charged with DUI without even driving; it is enough to have "actual physical control" of a vehicle, which has led to DUI charges for people sitting inside of a parked car while drunk.  Commercial drivers can be charged with DUI for driving at a BAC of .04 or higher.
Click HERE for the Full Text of Arizona Revised Statute 28-1382 (Arizona's DUI Law)

PENALTIES FOR DRIVING UNDER THE INFLUENCE
In Arizona, Driving Under the Influence penalties vary depending on several factors, most notably (a) whether it is a first offense (within 7 years), (b) was there a high Blood Alcohol Concentration ("BAC"), and (c) whether anyone was injured.  A person convicted of a standard first-time DUI can expect to do between 24 hours to 10 days jail, pay a fines in excess of $1500, a 90 day license suspension, and will be required to install an Ignition Interlock Device ("IID").  If the BAC is above .15, a first time offender faces 30 days of jail and higher fines.  If over .20, a first time offender faces 45 days jail and even higher fines.  Repeat offenders face 90 days jail (120 if BAC is .15 or higher; 180 if .20 or higher), and even higher fines.  A third DUI offense within seven years will be charged as a felony and carries a mandatory minimum prison sentence of four months, a one year license revocation, a two year IID requirement, and over $4000 in fines and assessments.  DUI causing injury is known under Arizona Law as Aggravated DUI and is a felony punishable by one and half to three years in prison for a first offender, and significantly more time for repeat offenders.
More About Repeat Offense DUI
More About DUI Causing Injury

OTHER CONSEQUENCES OF A DUI CONVICTION
Being convicted of DUI will result in a license suspension, mandatory installation of an ignition interlock device, as well as a misdemeanor conviction on your criminal history.  A DUI conviction can be especially troublesome for noncitizens (even DACA recipients), and licensed professionals (e.g. nursing, medical, etc.).  If you are facing DUI charges, it is important to discuss all of these issues with your attorney to make sure that you are

ARIZONA'S IMPLIED CONSENT LAW
Arizona Motorists are presumed to consent to a chemical test upon being lawfully arrested for DUI.  Refusing to submit to a chemical test will result in an automatic license suspension (1 year for a first offense; 2 years for a second or subsequent offense).

TOP DUI DEFENSES
Rising BAC - To get a Driving Under the Influence conviction, prosecutors must prove that a defendant was above the legal limit or impaired within two hours of driving.  Blood Alcohol Concentration (BAC) rises as alcohol gets absorbed into the blood stream.  Recently consumed alcohol may not have been absorbed at the time of driving, meaning that the later-taken test result reflects a higher number than at the time of driving.  The more time that passes from the time of driving (sometimes the exact time of driving is unknown).  Arizona law limits the applicability of this defense by not requiring the government to prove BAC above the legal limit at the time of driving.

Bad Stop - If the police lacked probable cause to initiate a traffic stop, a motion to suppress evidence may result in the dismissal of the entire case, regardless of any of the facts subsequently determined after such bad stop.  More and more, law enforcement agencies have dash cameras, and this objective information can help to show that there in fact was no bad driving to justify the pull-over.
LEARN ABOUT CHALLENGING UNLAWFUL STOPS AND SEARCHES

Mistake of Driver - While most traffic stops and checkpoints leave no doubt as to who was driving a car, traffic collisions can be another story.  Often, by the time officers arrive on the scene of an accident, the driver(s) are often not in the driver's seat.  The government must prove driving beyond a reasonable doubt, and it is not uncommon that the wrong person is charged as the driver.  In these cases, the defense may not related to whether there was any drinking or impairment, but rather whether the defendant was actually the person who drove.

Testing Inaccuracy - There are many little details that go into attacking the accuracy of a chemical test, including device calibration, training and experience of a handler, contamination, proper procedures followed and more.  It takes experience with DUI investigations and a keen eye for detail to find what the government did wrong in your case, and a skilled attorney to properly present the issues to get you a better outcome.

Mouth Alcohol - Breath tests are susceptible to a problem called mouth alcohol.  This is where a breath test reads falsely high due to unabsorbed alcohol in the mouth.  This is common with very recent consumption of alcohol, and can be more prevalent for individuals who have certain kinds of dental work or dental disorders. 

Medical Conditions - Certain medical conditions can result in falsely high BAC readings (e.g. GERD). Do not make the mistake of thinking that a prescription justifies driving impaired by medications.  Certain medications mix poorly with alcohol and can caused heightened impairment.

Sleeping It Off - People sleeping in their cars (and therefore not driving) have a defense against the driving element of DUI.  Falling asleep while driving, or even prior to driving, with intent to drive will not satisfy this defense. 

RELATED ARTICLES: 
Driving Under the Influence, Drug Crimes, Aggravated DUI, DUI Drugs, DUI Causing Injury, Multiple Offense DUI

If you or a loved one has been arrested for DUI, contact the Tucson Defenders now for a FREE CONSULTATION with a Tucson DUI lawyer.  We will do our best to answer any questions you have, and can get started right away defending you.

TUCSON CRIMINAL DEFENSE ATTORNEY

American criminal law is enforced, in most places, by both the state and federal courts.  Although the U.S. Constitution does not provide for a federal police power, the Federal Government has extended its power to include legislating a broad range of conduct as Federal Crimes, most of which are contained within Title 18 of the United States Code and Title 21 of the United States Code ("Controlled Substances Act").  Federal law enforcement and prosecuting agencies are generally much better funded than their local counterparts, and federal legislation usually calls for harsher punishments.  For defendants, this means that facing federal charges, even for nonviolent offenses, can mean facing decades in federal prison.  Federal crimes are prosecuted by the US Attorney's Office and are heard at the trial level at the United States District Courts.  In Tucson, the Federal District Courthouse is the Evo A. DeConcini United States Courthouse, located at 405 W Congress Street.

If you or a loved one has been arrested, charged with a federal crime, or is under investigation by the Drug Enforcement Administration ("DEA"), Federal Bureau of Investigation ("FBI"), Bureau of Alcohol, Tobacco and Firearms ("ATF"), Customs and Border Protection ("CBP") or other federal agency, contact the Tucson Defenders now for a Free Consultation with a Tucson Federal Criminal Defense Attorney.
If you are facing state level charges, visit our PRACTICE AREAS page for more information.

COMMON FEDERAL CRIMES
Federal law enforcement agencies often engage in sophisticated investigative operations, using tactics such as undercover agents, wiretapping, confidential informants, and more.  These thorough investigations often involve larger criminal enterprises and organized crime.  Some of the most commonly charged federal offenses include conspiracy, drug trafficking, mail/wire fraud, bank robbery, Racketeer Influenced and Corrupt Organizations Act ("RICO"), identity theft, counterfeiting, tax evasion, and child pornography.  Federal charges that are often triggered by state arrests include felon in possession of a firearm, and illegal re-entry.  Not all federal charges stem from federal investigations; sometimes a simple traffic stop by a local law enforcement agency can lead to federal charges.  Drug crimes make up more than 25% of federal cases nationwide, and Arizona is one of the top five districts for drug trafficking cases. 

More information about Drug Trafficking
More information about Robbery
More information about Fraud Crimes
More information about Forgery/Counterfeiting Offenses
More information about Money Laundering Crimes
More information about Marijuana Crimes / Marijuana Cultivation Crimes
More information about Felon in Possession of a Firearm Crimes
More information about Weapon Offenses
More information about Embezzlement Defense
More information about Importing Drugs Laws

GRADING OF FEDERAL CRIMES
Federal crimes are broken into Felonies, Misdemeanors, and Infractions.  Felonies are the most serious category of offenses, and are divided into five classes (Class A-E).  Class A felonies are punishable by life imprisonment or death, Class B felonies are punishable by 25 years or more, Class C felonies are punishable by more than 10 years but less than 25 years, Class D felonies are punishable by five to 10 years, and Class E felonies are punishable by less than 5 years.  Federal misdemeanors are also divided into classes (Class A-C) and are all punishable by less than one year.  Infractions are punishable by a fine or up to five days of incarceration.  Federal misdemeanor and infraction charges often result from unlawful conduct on federal land, such as driving under the influence at a federal park.

FEDERAL SENTENCING GUIDELINES
The Federal Sentencing Guidelines are based on two factors: 1. the offense level, and 2. the criminal history category.  The offense level is a grading of the seriousness of the crime itself.  There are 43 offense levels, determined by looking at the charges and applying adjustments based on conduct.  There are six levels of criminal history.  With offense level on one axis, and criminal history on the other, the sentencing range will fall within one of four zones: A, B, C, or D.  The Federal Sentencing Guidelines may have been intended to be mandatory, but have been ruled advisory.  This means that federal judges do have the power to sentence outside of the range provided by the guidelines.

TIMELINE FOR A FEDERAL CASE
Every case is different, but there is some standardization in how cases are handled in federal court.  While most federal criminal cases start with a federal investigation (by the FBI, DEA, IRS, etc.), sometimes federal authorities are made aware of a federal crime after an arrest, whether those federal charges are related to the original arrest or not.  A subject of a federal investigation may be approached by the investigating agency and made aware of the investigation before arrest, or might be blindsided by an arrest.  After initial contact or arrest, the government will sometimes attempt to leverage charges in exchange for cooperation.  Felony defendants are usually brought before a judge in the custody of federal agents before a Magistrate Court.  They are informed of the charges against them, the maximum penalties, and asked whether they can afford an attorney.  The magistrate judge will then make a determination of whether to release the defendant or require bail.  Next, there will be an indictment or a preliminary hearing, and an arraignment in the District Court, in front of the judge who will preside over the rest of the case.  Next, there can be a number of pretrial motions filed, including motions to suppress evidence or motions to dismiss.  During this time, plea negotiations may be ongoing with the prosecution, or a defendant can plead and leave sentencing up to the judge.  Cases that cannot be dismissed or settled go on to a jury trial.  If there is a conviction, whether by plea or by guilty verdict at trial, the case will then proceed to sentencing.

HOW YOU CAN MITIGATE YOUR SENTENCE
There are numerous ways to reduce exposure in a federal criminal case.  Of course beating a charge, whether by trial or motion, is the best way, but federal cases have an overwhelming conviction rate.  Sentences can be mitigated by establishing facts showing the conduct warrants a lower offense level might generally be applied.  Some examples include acceptance of responsibility, minimal participant, etc.  Additionally, it may be possible to clean up some other criminal history to attain a lower criminal history score.  Additionally, downward departures/variances from the guidelines are available where distinctions can be made to justify imposing a lesser sentence.  Federal crimes are serious, and carry hefty consequences; having a lawyer who understands how to work within the guidelines can be the most important part of a federal criminal case.  Diminished capacity, voluntary disclosure, and post-sentencing rehabilitative efforts are some examples of the arguments some offenders might have to reduce their time behind bars.

WHEN IS IT BEST TO GET AN ATTORNEY?
Having an attorney at every stage of a case would be ideal.  Of course most federal defendants are not made aware of an investigation until it has already been underway for some time, but it is best to get an attorney as soon as you become aware of a criminal investigation.  In some cases, handling the investigation correctly can avoid criminal charges.  In court, defendants who cannot afford an attorney are appointed the Federal Public Defender.  Individuals who can afford to hire a private attorney may do so at any point during a case.  Again, if you are going to hire an attorney to represent you, it makes the most sense to do so at earliest stage possible.

IF YOU OR A LOVED ONE IS FACING FEDERAL CHARGES OR A FEDERAL INVESTIGATION, CONTACT THE TUCSON DEFENDERS NOW FOR A FREE CONSULTATION WITH A TUCSON CRIMINAL DEFENSE ATTORNEY.  WE CAN GO OVER YOUR CASE, EVALUATE POSSIBLE DEFENSES, AND GET TO WORK PROTECTING YOUR RIGHTS AND LIBERTY.

THIS ARTICLE HAS BEEN UPDATED ON NOVEMBER 9, 2020 TO REFLECT LEGAL CHANGES IN STATE LAW AS ARIZONA VOTERS OVERWHELMINGLY PASSED PROPOSITION 207 TO LEGALIZE ADULT RECREATIONAL MARIJUANA USE, POSSESSION OF UP TO AN OUNCE OF MARIJUANA (NOT MORE THAN 5 GRAMS OF CONCENTRATE), WILL EXPUNGE CERTAIN MARIJUANA CONVICTIONS, PERMIT ADULTS TO GROW THEIR OWN MARIJUANA, AND OPEN RECREATIONAL MARIJUANA DISPENSARIES.  PUBLIC MARIJUANA USE WILL BE PUNISHABLE AS A PETTY OFFENSE ONLY.

 As marijuana laws across the country undergo major changes, marijuana is still illegal under both Arizona and Federal law.  Arizona has legalized medical marijuana, and adult recreational use, but serious charges can be filed in both federal and state court for marijuana-related crimes.  This article specifically deals with marijuana-related crimes under Arizona and Federal law.

Click here for information on our drug crimes page. 
Click here for our Marijuana Cultivation page.
Click here for information about Drug Trafficking Laws.
Click here fore information about Federal crimes

ARIZONA MARIJUANA CRIMES
In Arizona, possession of even a small amount of marijuana (more than one ounce, or more than 5 grams of concentrate) is still a criminal offense, and may continue to be one of the most common crimes in Tucson.  Possession of under two pounds of marijuana is technically a class six felony under Arizona law, but is often charged as a misdemeanor.  Paraphernalia charges are also often charged as a misdemeanor.  Still, the law does still recognize even simple possession as a felony, punishable by 4 months to 2 years of incarceration.  First time offenders may be eligible for Conditional Release, a diversion program where defendants can serve a probationary period, and if successful avoid a conviction and jail time.  If you or a loved one has been arrested for a marijuana-related offense, contact a Tucson criminal defense attorney to discuss your case, including the possible consequences and evaluating your available defenses.  Arizona's legalization of marijuana still prohibits use or possession of any amount of marijuana by individuals under 21 years of age, public consumption of marijuana (now a petty offense), or cultivation of more than 6 plants.

ARIZONA MEDICAL MARIJUANA LAWS
In 2010, Arizona voters passed Arizona's current medical marijuana program, the Arizona Medical Marijuana Act (AMMA).  Patients 18 years of age or older can get medical marijuana recommendations from a doctor if they suffer from one of a number of qualifying conditions.  With a medical marijuana card, a qualified patient can possess up to two and a half ounces of marijuana every two weeks.  Arizona medical marijuana patients are part of a statewide registry, which tracks purchases at dispensaries.  Medical marijuana patients in Arizona are only authorized to grow marijuana if they do not live within 25 miles of a dispensary.  Medical marijuana patients may not sell or transfer their medical marijuana, and may not drive while under the influence of marijuana.  If you have questions about how Arizona's medical marijuana laws might apply to you, contact us for a free consultation.  With the advent of legalization, medical marijuana will likely become less prevalent, as it has in other states like California, Colorado, Washington, and Oregon.

FEDERAL MARIJUANA LAWS IN ARIZONA
American criminal law has a lot of overlap when it comes to criminal law.  Many crimes violate both federal and state statutes.  Under Federal law, Marijuana is a Schedule I controlled substance, making it illegal to possess, sell, cultivate, or transport.  Federal marijuana charges can be serious, with mandatory minimum sentencing guidelines and zealous prosecution of marijuana crimes in the Arizona federal district courts. 

DRIVING UNDER THE INFLUENCE OF MARIJUANA
Driving Under the Influence (DUI) is not just for drinking and driving.  If a police officer detects the odor of marijuana during a traffic stop or at a DUI checkpoint, the driver will most likely be arrested for driving under the influence, even if there do not appear to be any other signs of impairment.  It is important to note that even medical marijuana patients can be charged with driving under the influence.  Even if you do not drive while feeling the effects of marijuana, it is important never to smoke marijuana in your car, and to make sure that you do not put on clothing that smells like marijuana on before getting in the car.  Arizona law regarding driving under the influence of marijuana permits a conviction for without evidence of actual impairment. 

WHAT ARE SOME COMMON DEFENSES IN MARIJUANA CASES?
The most common defenses in marijuana cases are challenging the search that revealed the marijuana, medical marijuana privileges, lack of knowledge, and lack of intent (to sell, deliver, or otherwise furnish).  In drug cases, it is very important to have an attorney with a strong understanding of Constitutional Law and who stays up to date with Fourth Amendment case law.  Marijuana's strong odor sets it apart from other drugs, and is a major factor in search and seizure jurisprudence. 

WHAT ARE SOME OTHER CONSEQUENCES OF A MARIJUANA CHARGE?
In addition to facing direct criminal penalties, simple marijuana charges can have major collateral consequences for a person's future.  Due to the federal prohibition of marijuana and strict immigration policies relating to controlled substances, a marijuana conviction could possibly result in serious immigration consequences including deportation, denial of naturalization, denial of entry, and more.  For college students, Federal student aid can be withheld for students who suffer any kind of drug conviction.  Additionally, marijuana and other drug possession cases can impact professional licenses (e.g. nursing, medical license, insurance license, etc.), and can even impact the right of an individual to own a firearm.  Be sure to discuss these possible consequences with your attorney, and make sure that your attorney knows if you are a licensed professional, a non-citizen, a college student, or a gun owner.

If you or a loved one has been arrested or charged with a marijuana-related offense, you need an aggressive lawyer to fight for you.  Contact the Tucson Defenders now for a FREE CONSULTATION 520-585-5757

TUCSON CRIMINAL DEFENSE ATTORNEY

Across the nation, law enforcement agencies remain engaged in a failing war on drugs.  Despite the victimless nature of drug-related offenses, widespread use, and growing acceptance for treatment alternatives and reform to drug laws, Arizona has very strict laws dealing with drugs.  With a lot of narcotics activity in Tucson, local and federal law enforcement have made drug crimes a central focus of their operations.  If you or a loved one has been charged with a drug crime, you need a strong defense attorney to assert your rights, investigate your case, and present the best defenses you might have.  Before appearing in court on drug charges, defendants should contact our office for a Free Consultation to discuss their options.  FREE CONSULTATIONS 520-585-5757

Click here for information specific to marijuana laws.
Click here for more information about Drug Trafficking Laws
Read more about Arizona and Federal marijuana cultivation laws
Learn more about Arizona and Federal Drug Manufacturing laws
More about Arizona and Federal laws regarding importing drugs

Because drug laws in Arizona are strict and complex, you will want to discuss your case with an experienced criminal defense attorney.  Many factors come into play in determining the severity of the charges against you, as well as assessing the quality of any defenses you may have.  Discussing your case in detail will give you a better understanding of your rights, the possible consequences, and what a Tucson criminal defense attorney can do to help you get the best possible outcome in your criminal case.

WHAT ARE SOME TYPES OF DRUG CRIMES?
Simple possession of a controlled substance
Possession of drug paraphernalia
Driving under the influence of drugs
Possession for sale
Cultivation of marijuana
Manufacture of methamphetamine and other drugs
Drug smuggling
Narcotics trafficking

NOTE:  Being under the influence of a drug is not a crime in Arizona.

WHAT ARE THE PENALTIES FOR ARIZONA DRUG CRIMES?
Possession or use of a dangerous drug (does not include marijuana) is a Class 4 Felony under Arizona law.  Possession or transportation of a dangerous drug for sale, administering a dangerous drug, and manufacturing a dangerous drug are Class 2 Felonies, and can be punished more harshly.  Possessing equipment for the manufacture of dangerous drugs, or obtaining a dangerous drug through fraud are Class 3 Felonies.  Penalties for methamphetamine possession are the most severe, following legislative changes in 2006.  Some people charged with drug possession may be eligible for a drug treatment program in lieu of jail pursuant to Proposition 200, a voter initiative passed in 1996 providing protection to people charged with drug possession.

WHAT KINDS OF DRUGS ARE ILLEGAL IN TUCSON?
Arizona prohibits the possession of methamphetamine, cocaine, heroin, marijuana, LSD, MDMA, prescription medications (especially Fentanyl, Vicodin, Percocet, and other opiate/opioid pain medications), psilocybin ("magic mushrooms"), and mescaline (peyote).  A valid doctor's prescription provides certain legal protections (discussed more below) and having a valid Arizona-issued medical marijuana card will permit possession of up to two and a half ounces of marijuana.

Federal drug laws break drugs down into different "schedules" purportedly based on their likelihood for abuse.  The categories (Schedule I, Schedule II, Schedule III, Schedule IV, and Schedule V) determine the severity of the punishment, with Schedule I being the harshest.  Schedule I drugs are defined as having no beneficial medical use, and a high potential for abuse, and includes marijuana, heroin, cocaine, LSD, MDMA, among others.  While this classification of marijuana is controversial, it is the law.  Schedule II covers prescription medications with a high potential for abuse such as Fentanyl, Morphine, OxyContin, and hydrocodone.  Schedule III covers prescription drugs with less potential for abuse such as Ketamine and steroids.  Schedule IV covers prescription drugs like Xanax and Valium, and Schedule V covers substances containing a small amount of narcotics.

HOW MUCH IS CONSIDERED PERSONAL USE?
Often, drug users are charged with possession for sale based on the quantity of drugs in their possession.  Heavy users may be inclined to buy their drugs in bulk to save money, but law enforcement will ignore obvious evidence of personal drug use and look to build a sales case where possible.  The way that drugs are packaged is one of the most common factors police and prosecutors look at in determining whether drugs are possessed for sale.  Having drugs spread out into multiple baggies, vials or other containers may simply be the way that the end user purchased the drugs, but asserting these defenses and avoiding being punished more harshly than the truth warrants takes a skilled defense.  Heavy binge use of drugs can greatly increase the likelihood that that a person have contact with police, and then can result in very serious charges and harsh penalties.

HOW CAN I GET HELP FOR MY DRUG PROBLEM?
Not all drug crimes are indicative of an addiction, but facing criminal charges because of choices related to drugs can be a wake up call for many.  Getting help from communities such as NA, formal rehab programs, as well as from family and friends can go a long way towards helping you regain control of your life.  Properly presented to the court and the prosecution, your willing participation in drug treatment can go a long way towards a more favorable outcome in your criminal case.  Often, getting treatment for an underlying drug issue can even benefit defendants facing other types of charges.  Proposition 200 also provides for specific treatment-based alternatives to drug possession sentences.

WHAT IF THE POLICE UNLAWFULLY SEARCHED ME?
Drug crimes often make their way to court after police unlawfully search a person and discover drugs.  A search may be unlawful if it follows an unjustified traffic stop, or if the search otherwise is not supported by probable cause that a crime has taken place.  Police will attempt to provide an account of the facts that will justify their intrusions, and it takes an experienced criminal defense lawyer to properly assert your rights. 
LEARN ABOUT CHALLENGING UNLAWFUL STOPS AND SEARCHES

HOW SERIOUS ARE FEDERAL DRUG CHARGES?
While Arizona has strict drug laws relative to some other states, Federal drug charges can be much more serious.  Mandatory minimum sentencing guidelines, as well as dealing with thorough federal investigations and prosecutions make federal charges very serious.  If you or a loved one is facing federal drug charges in Tucson, contact a Tucson Federal Drug Crimes Lawyer now for a free consultation and to discuss how to best defend against those charges.

WHAT HAPPENS IF SOMEONE IS CAUGHT TRANSPORTING DRUGS FROM MEXICO?
Bringing drugs across the border is one of the most serious drug crimes a person can face, and federal and local law enforcement throughout Southern Arizona are aggressive in their enforcement of drug laws.  In Arizona, there are Customs and Border Patrol checkpoints, even stopping people who did not cross the border.  If you or a loved one is arrested and accused of drug smuggling, call us now for a Free Consultation with a Tucson criminal defense lawyer.

CAN I GET MY MONEY BACK?
The DEA and other federal and local law enforcement agencies are focused on seizing as much cash as they can.  With the burden of proof being lower to forfeit property than for a criminal conviction, many innocent people find themselves in the position of having the government trying to take away their hard earned money.  If you or a loved one has been accused of narcotics activity and had money or other property seized, our firm may be able to help you get your money back. 

WHAT IF I HAVE A PRESCRIPTION?
Having a valid prescription for an otherwise prohibited drug is probably the best defense a person facing drug charges can have.  Still, a prescription's protections only go so far.  Having a prescription for a medication will not protect a person from driving under the influence charges, or from charges alleging illegal sales or distribution.  Forged, stolen, or altered prescriptions will give rise to additional charges.

Society's views regarding drug crimes are evolving, but Arizona's laws dealing with drug possession, sale, cultivation, manufacture, or sales remain severe.  If you or a loved one has been arrested or charged with a drug crime, contact the Tucson Defenders for help!

TUCSON CRIMINAL DEFENSE ATTORNEY