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Fentanyl Crimes Defenses and Penalties Under Arizona Law
When it comes to drug crimes, fentanyl is one of the most dangerous substances out there. With an alarming increase in fentanyl-related deaths, law enforcement and legislators are cracking down harder on fentanyl-related crimes. If you are facing charges for a fentanyl crime in Arizona, it is vital to understand the laws, potential penalties, and possible defense strategies that may be available to you.
Arizona Fentanyl Laws
Arizona law classifies fentanyl as a Schedule II controlled substance. This means it is a highly addictive drug with a high potential for abuse and is tightly regulated. Possession, distribution, and trafficking of fentanyl in Arizona are illegal and carry severe penalties.
Fentanyl Trafficking
According to Arizona Revised Statute 13-3408, trafficking fentanyl is defined as selling, manufacturing, or delivering the drug. It is worth noting that simply bringing fentanyl into the state can be considered trafficking if it is more than the personal use amount. The weight limit for personal use is 2 grams for powder fentanyl and 0.5 grams for liquid fentanyl. Trafficking amounts vary depending on the specific drug and form. Anyone caught trafficking fentanyl may face severe penalties.
What Are the Penalties for Fentanyl Crimes in Arizona?
The penalties for fentanyl crimes in Arizona depend on several factors, including the amount of the drug involved, the type of crime committed, and the defendant's criminal history. Below are some of the potential penalties:
- Simple possession: Possession of any amount of fentanyl is a felony offense in Arizona. The penalties for possession increase based on the amount and whether there is intent to distribute.
- Illegally obtaining fentanyl: Obtaining fentanyl through fraudulent means such as forgery, deceit, or misrepresentation can result in felony charges and prison time.
- Manufacturing fentanyl: Manufacturing fentanyl is a felony offense, and those caught doing so can expect significant prison time.
- Trafficking fentanyl: The penalties for trafficking fentanyl depend on the amount involved, and whether it crosses state or international borders. Those caught trafficking fentanyl face significant prison terms and hefty fines.
Defense Against Drug Charges Involving Fentanyl in Arizona
If you are facing charges for a fentanyl crime in Arizona, it is vital to understand that there are possible defense strategies that you can employ to mitigate the potential consequences of the charges against you. Here are some of the potential defenses available:
- Fourth Amendment violation: The Fourth Amendment of the United States Constitution protects citizens from unlawful searches and seizures. If law enforcement violated your constitutional rights during their investigation of your fentanyl-related charge, your case might be dismissed.
- Challenging drug possession charges: In fentanyl drug possession cases, the prosecution has the burden of proving that you knew that you possessed fentanyl and knowingly took actions to exercise control over it. If they cannot prove this, your charges might be dismissed, or the penalties may be reduced.
- Challenging drug trafficking charges: Similar to possession charges, if the prosecution cannot prove your knowledge and intention to distribute fentanyl, your charges may be dismissed, or the penalties may be reduced.
- Entrapment: If a law enforcement officer induced or persuaded you to commit a fentanyl-related crime that you would not have committed otherwise, you may have a strong defense in claiming entrapment.
Frequently Asked Questions About Fentanyl-Related Crimes
Here are some frequently asked questions about fentanyl-related crimes:
- What is the difference between fentanyl and other opioids? Fentanyl is up to 100 times more potent than morphine and is highly addictive. Fentanyl use has been linked to an increase in opioid-related overdoses.
- What are the possible side effects and dangers of using fentanyl? The side effects of using fentanyl include confusion, drowsiness, nausea, respiratory depression, coma, and death. Fentanyl abuse may result in addiction, overdose, and the risk of death from respiratory depression.
- What are the consequences of fentanyl addiction? Consequences of fentanyl addiction may include financial turmoil, legal difficulties, relationship problems, and a risk to health and life from overdose.
Get Help From a Federal Crimes Defense Attorney
The consequences of a fentanyl-related crime charge in Arizona can be devastating, and it is crucial to get the legal representation you deserve. An experienced criminal defense attorney can help you understand your legal options and develop a defense strategy tailored to your circumstances.Fentanyl Crimes Defenses and Penalties Under Arizona Law.
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