Being arrested on possession of heroin is a very serious criminal offense. However, the elements of such a violation vary depending on the state. In Arizona, however, under its A.R.S. §13-3408, the illegal possession of narcotics, including heroin, state that the possession, use or heroin, acquiring the drug, manufacturing, transporting or selling of narcotic drugs explains how serious it is. Generally speaking, the statute states that possession of heroin includes “knowingly” having the drug on your person for use or sale.
In addition, even if a person does not actually have heroin with them but has items that are used in producing it, this counts toward the possession statute. It is also considered to be possession if the individual doesn’t make use of heroin but has all of the chemical components needed to manufacture it. Also, when an individual administers the heroin to another person, this is considered to be possession. In the state of Arizona, you can be prosecuted for possession, transport or even offering to transport the drug into the state. Finally, acquiring heroin from a legal dispenser (i.e. a Doctor or Pharmacy) by means of fraud is also considered possession. Arizona has laws that prohibit both possession and the use of dangerous drugs.
There are several penalties for heroin possession, which is considered a felony in Arizona. If you are arrested under such charges, you can expect to be sent to prison for a term ranging anywhere from two and a half to five years. Even holding heroin is considered a class four felony that may carry a sentence of up to two years and six months. If you are found to be manufacturing the drug or obtaining it by deceitful means, it is considered a class three felony that carries a prison sentence of three years and six months. If someone successfully makes heroin or assists someone else in injecting it, it is a class two felony that comes with a mandatory five year prison sentence.
Overall, the most serious drug charges involving possession are those where there is an intent to deliver or sell heroin or other dangerous narcotic. Whatever the circumstances, if you are arrested on such charges, you should immediately contact a criminal defense attorney who has a proven track record in trying these types of drug cases. Generally, when an individual is caught with anything greater than one gram of heroin, it is automatically regarded as a class two felony with the intent of selling or delivering the drug.
If you or someone you know has been arrested on possession of heroin or use of heroin, it is an absolute must to contact an experienced aggressive criminal defense attorney at your earliest convenience. Our law firm offers free case reviews, call us today at (602) 737-2812 to schedule an appointment. If you prefer to use email, click here to use our confidential form.