If you’ve been arrested and charged with drug transportation crimes in Arizona, you know that it’s a very serious accusation that has severe consequences. If you understand the gravity of these charges, you also know that it is essential to have an experienced criminal defense attorney in your corner.
Below, we discuss Arizona drug transportation laws, potential penalties, and the need for a robust legal team to fight for your rights.
If you’re facing drug transportation charges in Arizona, reach out to our team today to explore your options and begin building a defense that either mitigates jail time and other penalties or gets your charges dismissed altogether.
What is a Drug Transportation Charge in Arizona?
Drug transportation charges come about when an individual is found responsible for illegally moving controlled substances from one location to another. This can refer to transporting drugs within city limits, across state lines, or internationally.
In Arizona, being charged with drug transportation falls under A.R.S. § 13-3401 through § 13-3422 and specifically addresses offenses as they relate to transporting, importing, selling, or distributing narcotics–marijuana, opioids (fentanyl and heroin), cocaine, and methamphetamine, to name a few.
Let’s take a look at these revised statutes:
- A.R.S. § 13-3405 covers the transportation, importation, and sale of marijuana.
- A.R.S. § 13-3407 addresses dangerous drugs (e.g., methamphetamine, LSD, ecstasy).
- A.R.S. § 13-3408 covers narcotic drugs (e.g., heroin, cocaine, fentanyl).
- A.R.S. § 13-3415 details the increased penalties for transporting drugs within a Drug-Free School Zone.
How Severe Are the Penalties for Drug Transportation in Arizona?
Wondering how severe is a charge for transporting drugs? The short answer is: very serious.
As with many criminal charges in Arizona, there are different levels of punishments required by law as they relate to the crime. Here are a few examples of how charges can be more or less severe:
#1 Type & Quantity of Drugs
Certain drugs, for example, heroin, fentanyl, LSD, and ecstasy, are considered more dangerous than others, such as marijuana. Transporting drugs that put lives at risk are deemed to be more dangerous, hence the penalties are more severe.
- Transporting dangerous drugs is considered a Class 2 felony in Arizona.
- Transporting large sums of marijuana is a Class 3 felony in Arizona.
The amount of the illegal substance being transported can also increase the jail time given to a convicted drug transporter.
#2 Location
Moving drugs to or from Arizona from a bordering state can lead to more severe punishment than transporting within the state. Similarly, international drug smuggling can be even more of a harsh punishment as this falls under federal jurisdiction and is subject to federal law.
#3 Purpose & Intentions
If you plan on selling drugs for financial benefit, as opposed to intending on using them for personal use, you can receive a more significant punishment.
#4 Criminal History
Are you a first-time offender, or have you faced criminal charges related to drugs in the past? If found guilty, you may receive a lighter sentence if you have no prior drug-related convictions.
#5 Involvement of Minors
Lawmakers want to protect minors from the dangers associated with drug use. Because of this, laws are designed to be harder on individuals who involve minors in their criminal drug acts.
Similarly, if the individual being charged with transporting drugs is a minor, they may receive a lighter sentence as per juvenile court. Keep in mind that in Arizona, minors 15 years or older can be tried as adults if the crime is a serious felony.
How Are Drug Transportation Convicts Penalized in Arizona?
As mentioned, quantity, type of drug, and age can have an impact on the penalties an individual receives. But what are the penalties handed down by Arizona courts to those convicted? Let’s take a look:
- Prison time can range from five to 25 years.
- Fines:
- Narcotic drugs (e.g., heroin, fentanyl, cocaine) can lead to a $1 million fine or three times the street value of the drug(s)–whichever is greater.
- Dangerous drugs (e.g., methamphetamines, LSD, MDMA/ecstasy) can also lead to a $1 million fine.
- Less than two pounds of marijuana can be fined $10,000 to $150,000.
- Two pounds or more of marijuana can result in a $1 million fine.
- Increase in fines due to violating drug-free zones, repeat offenses, and cross-border trafficking.
- Asset forfeiture, including property, vehicles, and cash associated with the seized drugs.
- Probation is the best-case scenario for many but it often comes with strict conditions.
- Criminal record of drug-related offenses.
How Does a Lawyer Defend Against Drug Transportation Charges?
Every case is different, which is why a legal strategy tailored to your individual circumstances is vital to securing the best possible outcome. There are a number of reasons for how charges come about, and it’s your attorney’s job to downplay the severity.
Some common defenses for criminal drug charges include:
- Arguing that the defendant was unaware that they were in possession of the drugs.
- Challenging the lawfulness of the defendant’s search and seizure of the narcotics.
- The defendant was coerced or under duress due to being forced, often by the threat of bodily harm to the individual or to a loved one, to transport the drugs.
- Mishandling evidence or improper documentation can lead to a chain of custody error.
- Law enforcement engaged in entrapment–inducing the defendant to commit a crime they would not have otherwise.
What Should I Do if Charged with Transporting Drugs?
If you’ve been arrested for drug transportation, whether in Arizona or in any other part of the country, the following advice should be followed:
- Remain silent and do not discuss your case with law enforcement or prosecutors without your attorney present.
- Hire an attorney to fight your battle for you. A criminal law lawyer understands state statutes, how the prosecution process works, and how to negotiate on your behalf.
- Gather and provide evidence to your attorney, including documentation or video files that may prove your innocence.
- Do as your lawyer instructs–whether in court, in public, or within your personal life.
- Stay out of trouble by avoiding further legal issues or any other activity that can complicate your defense.
Hire an Arizona Drug Transportation Attorney to Fight Your Legal Battle for You
A conviction for drug transportation can bring life-altering consequences, including significant fines and prison time. You do not want to fight this battle alone. If you want a legal team on your side, you can and will fight to ensure your rights are upheld, who will work to mitigate your sentencing.
Antol & Sherman is experienced in defending clients for drug-related crimes. Criminal defense attorneys at our Flagstaff law firm know what to do at every step of the legal process. You don’t have to hire our law firm, but you owe it to yourself to request a free consultation.
Contact us today to better understand your options and make an informed decision.