Heroin is one of the most popular illegal narcotics on the market. It is a federal crime to sell, possess, or traffic the substance across state lines. It is also prohibited in the state of Arizona to sell, possess, or traffic heroin.
Heroin is a synthetic derivative of the narcotic morphine, which is generated from the seeds of the opium poppy plant. Heroin typically appears as a white or beige odorless powder with a bitter flavor.
In its other forms, heroin is a black, sticky substance known as “black tar.” Before being shot, heroin in this form can be snorted or dissolved in water. Heroin is commonly smoked, snorted, or injected.
In the United States, heroin is classified as a narcotic and an illicit drug. The legality of most medications is determined by how they have been used and the purpose for which they are taken. Because they are used as recommended treatment, some drugs are prohibited in some states but legal in others.
Cannabis is the most obvious example of this. Prescription medications are deemed legal for those who have been issued a valid prescription. However, as previously stated, if a person obtains or uses a prescription medicine without a genuine prescription from a doctor, they may be prosecuted with a narcotics felony.
Heroin accounts for a sizable share of the illicit drug market and is regarded as one of the most hazardous illicit narcotics on the market. This is owing to the difficulty in detecting the purity of the substance, which makes preventing heroin overdoses extremely difficult.
While morphine is a beneficial opiate, heroin is classified as a Schedule I restricted narcotic by the United States Drug and Enforcement Administration (“DEA”). This means that it is illegal and deemed to have no recognized medicinal purpose and significant potential for abuse.
It is crucial to understand that controlled substances contain both legal and illegal medicines; therefore, just because a drug is a controlled substance does not indicate it is illegal or has no medicinal value.
Is Heroin Classified as a Schedule I Substance in Arizona?
Yes, heroin is classified as a Schedule I substance in Arizona. Because heroin is one of the most addictive narcotics, it is classified as a felony in this category.
Is There a Certain Amount of Heroin that Makes Possession Illegal?
Yes, possessing one gram or more of heroin is considered a crime.
Understanding Heroin Possession Charges
There are five schedules of prohibited substances or pharmaceuticals in Arizona. Arizona defines heroin, along with other opium derivatives, as a Schedule I substance, and possession is a felony.
Heroin possession is often classified as a Class 4 crime. Under ARS § 13-702, the presumptive penalty for a first-time Class 4 felony is 2.5 years in prison. A serious offense carries a sentence of 3.75 years in prison.
If it is a first offense, the court can make heroin possession a Class 1 misdemeanor. In that situation, you would face a fine of at least $1,000 or three times the value of the heroin, whichever is greater.
You may be able to avoid a criminal record if you participate in a diversion program, which frequently includes penalties, drug classes, and random drug testing. If you have other charges besides the heroin possession charge, you may be unable to enter the program.
Similarly, you may not be eligible if you have previously completed the program owing to other drug offenses. An Arizona heroin possession lawyer can assist you on how to minimize the penalty you may face.
The prosecutor must prove beyond a reasonable doubt that you knowingly possessed heroin in order to establish heroin possession. The prosecutor cannot prove that you were present where the heroin was. Instead, the prosecutor will require proof linking you to the heroin so that a jury might reasonably conclude that you were aware of its presence and had control over it.
However, the prosecutor does not need to establish that you had enough heroin to use. In general, the prosecutor must demonstrate that the drug claimed to be heroin is, in fact, heroin by having it analyzed by a forensic scientist who can attest that what was discovered was heroin.
In Arizona, there are threshold values for specific substances; if you meet those levels, you are presumed to be in possession of the substance for sale. This means you will face a mandatory prison sentence even if you have no other evidence that you intended to sell the heroin and have no prior convictions. The legal limit for heroin possession is one gram.
Being charged with a drug felony can be overwhelming. However, an Arizona heroin possession attorney may be able to assist you in raising solid defenses.
When doing their duties, police officers, for example, must respect your Fourth and Fifth Amendment rights. You have the right not to be subjected to unreasonable searches and seizures.
This is a complex and intricate area of law, but in principle, law enforcement is not supposed to conduct a search unless there is probable cause to suspect that a crime has occurred or is about to occur. If heroin was located in your car or home, but the search was conducted without probable cause, we may be able to suppress the evidence.
For example, if the police pull you over and suspect you of having narcotics, they are not allowed to examine your automobile. Suppose they locate heroin during the illegal search.
In that case, it is usually not admissible in court, which means that the prosecution is unlikely to be able to prove its heroin possession case beyond a reasonable doubt. (There is an exemption if the heroin is visible during a traffic stop.)
Why Was I Charged with Heroin Possession in Arizona?
There are two scenarios in which you could be charged with heroin possession. The individual possesses heroin and has bodily control over it. The third type of possession is constructive possession, which occurs when a person has heroin but does not have direct possession but still has the purpose and power to control it.
In Arizona, What is the Penalty for First-Time Heroin Possession?
Heroin possession is a class 4 felony. The minimum sentence is two years and six months in prison, while the maximum is 12 and a half years.
Can a Heroin Possession Charge Be Reduced to a Misdemeanor?
Yes. If a defendant has no prior felony convictions, the court may reduce the charge to a misdemeanor with a jail sentence and a fine.
What if this is My Second Charge of Heroin Possession?
A second heroin possession accusation and conviction carries a maximum jail sentence of 23 and 14 years.
What is the Penalty for a Third Conviction for Heroin Possession?
A third conviction carries a minimum sentence of six years in jail. The maximum sentence is 35 years in prison.
Do I Need to Consult a Lawyer?
Yes, you should consult with an Arizona drug lawyer regarding your heroin possession allegation. You’ll find out if the criminal charge can be reduced or dropped. Your attorney can provide you with the guidance and representation needed for your specific case.
