Criminal Defense Attorney In Phoenix
Written By:
Charity Clark
Criminal Defense Lawyer
Licensed in Arizona since: 2012
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The information you obtain at this site is not, nor is it intended to be, legal advice. The Charity Clark Law team is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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Criminal Defense Attorney In Phoenix
Written By:
Charity Clark
Criminal Defense Lawyer
Licensed in Arizona since: 2012

Drug Possession Defense Attorney in Phoenix, AZ

If you’re facing drug possession charges in Phoenix or suspect you may in the near future, you should reach out to our firm immediately. Arizona has very harsh drug laws and may charge you with a felony if police find you knowingly in possession of dangerous controlled substances. A felony can result in jail time, prison time, and excessive fines. You’ll also experience hardships after completing sentencing. These may include the inability to vote, own firearms, serve in the military, find employment, or secure decent housing. We know an accusation like this is overwhelming, and we’re here to help. 

At Charity Clark Law, our team leads with compassion, understanding, and out-of-the-box strategies. With 12+ years of felony trial experience, we’re equipped with the extensive case law knowledge necessary to form sound arguments in your defense. We offer a free consultation with our criminal defense attorney so you two can sit down and walk through every detail of your story. Then, our criminal defense attorney will guide you through what you can expect moving forward in terms of trials and the prosecuting attorney assigned to your case. We provide all the information you need to make the best decision of who gets to represent you at this trying time. If you choose us, we will do everything in our power to fight for your rights. 

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Drug Possession Charges & Penalties in Arizona

Arizona law enforcement classifies drug possession charges based on the specific offense. This may vary depending on the substance involved and the amount in possession. Nonviolent offenses typically carry a lighter sentence. 

Here are some examples of charges and penalties you can expect to receive based on specific factors of the offense: 

  • Dangerous Drugs - If you’re caught in possession of dangerous drugs (methamphetamine, cocaine, heroin, crack, LSD, and PCP, and others), you can receive a Class 2 Felony. This can result in 5 to 12.5 years in prison depending on prior convictions.
  • Narcotic Drugs - If you’re caught in possession of narcotic drugs (Vicodin, Oxycodone, Methadone, Fentanyl, and Codeine, and others), you can receive a Class 2 Felony. This can result in 5 to 12.5 years in prison depending on prior convictions.
  • Marijuana - If you’re found in possession of marijuana, the classification works based on the amount in possession.  Though the law on this matter is in flux due to legalization.  An experienced defense attorney is crucial to navigating these changes. 
  • Less Than 2 Pounds: A Class 4 Felony and 1 to 4 years in a state prison. 
  • Between 2 and 4 Pounds: A Class 3 Felony and 3 to 8.75 years in prison.
  • More Than 4 Pounds: A Class 2 Felony and 5 to 12.5 years in prison.

Keep in mind that any felony charge puts you at risk of fines up to $150,000. At Charity Clark Law, we’ve handled our fair share of drug possession charges, and we can help you navigate yours. Our team works with you from start to finish, looking closely at your circumstances to find strategic defenses. With our 12+ years of felony trial experience and our hands-on approach, we will do everything in our power to win your case. 

Why Clients Choose Charity Clark
Experienced
Experienced
Knowledgeable
Knowledgeable
Patient
Patient
Sympathetic
Sympathetic
Affordable
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Professional

Defenses Against Drug Possession Charges in Arizona

Facing drug possession charges in Phoenix can be daunting, but our team has several defenses we can craft. Understanding each one can significantly impact the outcome of your case. Here are some common defenses against drug possession charges in Arizona:

Unlawful Search and Seizure

One of the most effective defenses against drug possession charges is challenging the legality of the search and seizure. Your Fourth Amendment right protects you from unreasonable searches and seizures by law enforcement. This means that the police typically need a warrant or probable cause to investigate you and your belongings. If our team can prove that the police conducted an illegal search without a valid warrant, probable cause, or consent, any evidence obtained during that search may be suppressed and deemed inadmissible in court. This could lead to a dismissal of the charges.

Lack of Possession

To secure a conviction for drug possession, the prosecution must prove that you had actual or constructive possession of the drugs. Actual possession means the drugs were found on your person, while constructive possession means you had control over the drugs or the location where they were found. We can argue that you were unaware of the presence of drugs or that they belonged to someone else, thereby disputing the possession element of the charge.

Lack of Intent

In some cases, we’ll build a case around the argument that you did not knowingly or intentionally possess the drugs. This defense is particularly relevant if the drugs were found in a shared space or if someone else placed them in your belongings without your knowledge. Proving lack of intent can weaken the prosecution's case and potentially result in reduced charges or an acquittal.

Entrapment

Entrapment occurs when law enforcement induces an individual to commit a crime they would not have otherwise committed. If our team can prove that you were coerced or manipulated by police officers or informants into possessing drugs, entrapment may be a viable defense. This defense requires showing sound evidence that the idea to possess drugs originated with law enforcement and not with you.

Miranda Rights Violation

When you are taken into custody, police are required to inform you of your Miranda rights, which include the right to remain silent and the right to an attorney. If law enforcement fails to provide these warnings or violates your rights during questioning, any statements or confessions you make may be excluded from evidence. Our team  can argue that your constitutional rights were violated, potentially weakening the prosecution's case.

Google Review
Kate Miller
5 Stars

Charity Clark is one of the smartest attorneys I’ve ever met. She is aggressive, intelligent, and not afraid to fight for you. Her trial skills are unmatched. She knows how to handle a jury and argues the law like a champ. She will champion her client until the end and achieves real results.

Google Review
B. Isreal
5 Stars

Charity was amazing and took care of everything. She answered all my questions quickly and was so polite. They took care of my case with ease and definitely took a load off my shoulders. Not only did they both do great work they got the response from the court we were hoping for. Charity is "THE BEST".

Work with an Experienced Drug Possession Defense Attorney in Arizona

At Charity Clark Law, our legal team brings creativity to complex cases such as drug possession charges. With our firm’s 12+ years of felony trial experience and a history defending crimes of this nature, your case will have a strong and strategic defense completely custom to your circumstances.

We provide a free consultation with our criminal defense attorney to discuss your specific charges. This evaluation helps us build a unique quote that fits each aspect of your case. Our defense attorney will also give you an understanding of what you will potentially be faced with based on the prosecutor assigned to your case and the court that will be handling your case. Once that consultation is complete, you will have all of the crucial information necessary to decide if our firm will represent you in your case. Give us a call or email us using our contact form to schedule your free consultation.

Our firm serves many cities and counties throughout Arizona. If your court case or potential charges are in Maricopa, Pinal, Pima, Yavapai or Coconino county, then contact us today to schedule a free consultation!

Need Help?
Free Consultation:

The information you obtain at this site is not, nor is it intended to be, legal advice. The Charity Clark Law team is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

Legal Disclaimer
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