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Arizona Drug Sentencing Guidelines

Drug sentencing in Arizona can become very confusing due to the complex nature of charging someone for drug crimes. For example, if you are arrested with drugs in your possession, as well as drug paraphernalia, then you will face a separate charge for each product. Additionally, a judge will take any prior offenses you might have into account when determining your sentencing. 

This sentencing chart is not meant to be a substitute for consulting a defense attorney if you are facing drug crime charges. Therefore, if you find yourself arrested for a drug crime in Arizona, you should immediately seek out a competent, aggressive defense attorney to fight for your rights. 

The Arizona sentencing chart has sections outlining all the following:

  • Multiple Drug Offenses;
  • Personal Possession & Use of Drugs; and
  • Non-Multiple Drug Offenses – Note: The General Sentencing Chart applies.
    1. Multiple drug charge sentences: (Most involve multiple drug charges.)
      • For drug charges involving quantities below AZ statutory threshold amounts A.R.S.13-3419 (A)(1),(2):
        • Second drug offense:
          • Class 2 - 3.0 to 12.5 years prison
          • Class 3 - 1.8 to 8.7 years prison
          • Class 4 - 1.1 to 3.7 years prison
          • Class 5 - 0.5 to 2.5 years prison
        • Three or more:
          • Class 2 - 3.0 to 12.5 years prison
          • Class 3 - 1.8 to 8.7 years prison
          • Class 4 - 1.1 to 3.7 years prison
          • Class 5 - 0.5 to 2.5 years prison
      • For drug offenses involving quantities that equal or exceed statutory threshold amounts A.R.S. 3419 (A)(3),(4):
        • Second drug offenses:
          • Class 2 - 3.0 to 12.5 years prison
          • Class 3 - 1.8 to 8.7 years prison
          • Class 4 - 1.1 to 3.7 years prison
          • Class 5 - 0.5 to 2.5 years prison
        • Three or more:
          • Class 2 - 4.0 to 15 years prison
          • Class 3 - 2.5 to 11.2 years prison
          • Class 4 - 1.5 to 6.2 years prison
          • Class 5 - 0.75 to 5.0 years prison
      • Monetary fines for felony drug charges can be order up to $150,000 per criminal charge per person
    2. Personal Possession & Use of Drugs – A.R.S. 13-901.1
      • Probation is required for convictions regarding possession of controlled substances or drug paraphernalia, possession or use of drugs unless the person is also convicted of a violent offense as defined under A.R.S. 36-2501.
      • Incarceration may not be imposed as an initial condition of probation for first time offenders.
      • A person convicted of violating probation due to committing any offense listed in A.R.S. 13-34 or 13-34.1 or if they are in violation of a court ordered drug treatment plan, the person may be incarcerated upon reinstatement of probation.
      • As a mandatory condition of probation, a person will be required to complete a court ordered drug education, counseling or treatment plan, at their own expense.
      • A person convicted of a second drug crime may be incarcerated as a condition of probation.
    3. AZ General Criminal Sentencing Chart – applies to single drug offense convictions. These sentencing range citations apply to non-multiple drug offense sentencing ranges (they also apply to both first offense, and repeat offenses):
      • Non-Dangerous Offenses – A.R.S. 13-702 (D)
      • Non-Dangerous Offenses – Repeat Offenses – A.R.S. 13-703 (H),(I),(J) *
      • Dangerous Offenses – A.R.S. 13-704 (A), (B),(D),(C),(E) *
      • Dangerous Offenses – Repeat Offender - A.R.S. 13-704 (f) *
      • Dangerous Crimes Against Children - A.R.S. 13-705 *
      • “Serious”, “Violent”, or “Aggravated Offenses” - A.R.S. 13-706 *
      • Misdemeanor Penalties - A.R.S. 13-707, 13-802, 13-803 *
      • Offenses Committed While Released from Confinement – A.R.S 13-708 (A),(B),(C),(D)*
      • Special Sentencing Provisions – A.R.S. 13-709, 13-709.02 *
      • Sexual Assault – A.R.S. 13-1406 *
      • Felony Fines A.R.S. 13-801, 13-803 *
      • Misdemeanor Penalties A.R.S. 13-707, 13-802 *
      • Other Sentencing Provisions *
      • Probation Ranges – A.R.S. 13-902 *
      • Probation Earned Time Credit A.R.S. 13-924 *

Trust Phoenix Criminal Attorney With Your Drug Crimes Defense in Arizona

It is essential to consult a defense attorney with extensive knowledge of drug crimes in Arizona, and proven experience defending drug crime cases of all severities. We will not stop fighting for your rights, by making sure that every possible legal option and defense strategy is available to you. If you are facing any kind of drug crime charge in Arizona, contact us today for a private, no obligation consultation at 602-551-8092

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