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Drugs

Drug Crime Lawyer in Tucson

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Drug crimes are an extremely serious matter in Arizona and the United States as a whole. Typically, the element of distribution of or manufacturing of controlled substances can not only change how a case is prosecuted but also the sentences that could be imposed on an offender, which could range from one year to a term of life in prison.

The stakes in these cases could not be higher, which is why you should always consult competent legal counsel when faced with a drug crime.

Federal Drug Crimes

On October 27, 1986, President Ronald Reagan signed into law the Anti-Drug Abuse Act of 1986. This legislation marked the beginning of mandatory minimum sentences for federal drug crimes. The Anti-Drug Abuse Act and mandatory minimum sentences have gone through some changes since 1986 and still remain a hotly debated issue, but regardless of these circumstances, every year, thousands of American citizens face lengthy federal prison sentences for drug crimes under mandatory minimum sentencing.

Federal Possession With Intent to Distribute

Federal Statutes dealing with drug crimes and mandatory minimum sentences state that it is illegal to “manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance.” It is important to note that this statute, 21 U.S. Code § 841(a)(1), encompasses many acts within one statement.

It specifies that the act of manufacturing, which encompasses all forms of direct and indirect preparation of controlled substances, distributing, or dispensing a controlled substance is prohibited under law. Moreover, even if an offender does not actually go forward with the act of distributing or manufacturing a controlled substance, the government can prosecute an offender if he or she planned or “intended” to manufacture a controlled substance.

Federal Mandatory Minimum Sentences

One way for a mandatory minimum sentence to be triggered is for an offender to violate the statute listed above with a certain amount of a controlled substance. The smallest amounts of the most common controlled substances that trigger a mandatory minimum sentence are as follows:

  • Heroin or a substance containing a detectable amount of heroin – 100 grams or more  
  • Cocaine or a substance containing a detectable amount of cocaine – 500 grams or more
  • 28 grams or more of crack cocaine or a substance with a cocaine base
  • 10 grams or more of PCP
  • 100 grams or more of a substance containing a detectable amount of PCP
  • 1 gram or more of a mixture or substance containing a detectable amount of LSD
  • 100 kilograms or more of marijuana
  • 5 grams or more of methamphetamine

Any offender caught manufacturing, dispensing, or distributing a controlled substance that is listed above, and that equals or exceeds the weights listed above could face a federal prison sentence of five years minimum and 40 years maximum.

Distribution Causing Bodily Injury or Death

Mandatory minimum sentencing guidelines are enhanced if the government can prove that death or bodily injury resulted from the use of the substance being distributed. The most common way this could occur would be if a customer overdosed on the controlled substance that was being distributed. If the prosecution can successfully demonstrate that this, the offender could face a minimum 20-year term of imprisonment, with the maximum being life in prison.

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Enhanced Mandatory Minimum Sentences

As the amount of a controlled substance being distributed increases, so does the potential prison sentence an individual could face. If an offender is caught distributing a controlled substance that is the same type and meets or equals the weights listed below, they could face a minimum federal prison sentence of ten years, with the maximum punishment being life in prison. Moreover, if death or bodily injury results from the use of the distributed substance, the possible prison sentence would be a minimum of 20 years and a maximum of life in prison.

  • Heroin or a substance containing a detectable amount of heroin – 1 kilogram or more  
  • Cocaine or a substance containing a detectable amount of cocaine – 5 kilograms or more
  • 280 grams or more of crack cocaine or a substance with a cocaine base
  • 100 grams or more of PCP
  • 1 kilogram or more of a substance containing a detectable amount of PCP
  • 10 grams or more of a mixture or substance containing a detectable amount of LSD
  • 1,000 kilograms or more of marijuana
  • 50 grams or more of methamphetamine

These lists are not all-inclusive. Most of the substances above are either schedule one or schedule two controlled substances. In addition to these sentencing guidelines, there are mandatory minimum sentencing guidelines for every controlled substance, including schedules three, four, and five, and these lists are being updated on a rather consistent basis as new controlled substances are created.

Attempting or Conspiring to Commit a Federal Drug Crime

Federal law does not just prohibit drug crimes. It also prohibits planning or attempting to commit a drug crime, and the sentences handed down for attempting or conspiring to distribute or manufacture a controlled substance are identical to those imposed on an individual who actually carried out the offense itself.

21 U.S. Code § 846 clearly states, “Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.” So, planning to commit a drug crime and actually committing a crime can both lead to the same sentence.

Federal Penalties for Continuing a Criminal Enterprise

Federal prosecutors are given several legal tools to prosecute the leaders of organized criminal operations. Two statutes that deal specifically with the leaders of criminal organizations are 21 U.S. Code § 848, which specifically addresses continuing a criminal enterprise (CCE), and the Racketeer Influenced and Corrupt Organizations Act (RICO). Both of these statutes are complex and can be used to prosecute the leaders of drug trafficking organizations.

The difference between RICO and CCE is the scope of the statute. RICO can be used in connection with organized drug traffickers, but it can also be used against a host of other illegal activities such as gambling, prostitution, murder, etc. The CCE statute is specifically used to target leaders of large-scale drug trafficking and distribution operations.

What Does Continuing a Criminal Enterprise Mean?

21 U.S. Code § 848(c) indicates that two things must be proven for a person to be guilty of continuing a criminal enterprise.

  1. He or she “violates any provision of this subchapter or subchapter II the punishment for which is a felony.” When this statute refers to a violation of “this subchapter or subchapter II.” it is referring to many crimes, including distributing or manufacturing narcotics.
  2. The crime has to be a part of a continuing series or pattern of crimes that is either carried out by the offender and five or people with the offender being the leader or organizer of the group. This element can also be proven if the series of crimes results in the offender obtaining substantial income or resources.  

Any person that is found to be continuing a criminal enterprise can face a minimum 20-year term of imprisonment and a maximum sentence of life in prison.

Arizona Drug Crimes

Arizona’s drug crime laws are just as harsh, if not harsher, than federal drug crime laws. Like federal law, the Arizona Criminal Code imposes mandatory minimums on repeat offenders and first-time offenders that have been convicted of the sale, manufacture, or trafficking of methamphetamine.

Arizona Penalties for Possession for Sale of a Dangerous Drug

Some offenders convicted of possession for sale of a dangerous drug are eligible for probation. However, if the offender is in possession of an amount of the dangerous drug that exceeds the “statutory threshold,” they will face a mandatory prison sentence and will not be eligible for a suspended sentence.

The statutory threshold amounts for some of the most common dangerous and narcotic drugs are listed below:

  • One gram of heroin
  • Nine grams of cocaine
  • Seven hundred fifty milligrams of cocaine-based or hydrolyzed cocaine
  • Four grams or 50 milliliters of PCP
  • Nine grams of methamphetamine, including methamphetamine in liquid suspension
  • Nine grams of amphetamine, including amphetamine in liquid suspension
  • One-half milliliter of lysergic acid diethylamide (LSD), or in the case of blotter dosage units, fifty dosage units
  • Two pounds of marijuana

In addition, these weights apply to any mixture of a narcotic or dangerous drug. Meaning, if an offender was caught selling a narcotic mixture that consisted of only 50% of the illegal substance, the statutory threshold would be determined by the entire weight of the mixture, not just the weight of the illegal drug present in the mixture.

For substances that are illegal and not listed above, the statutory threshold is determined by the market value of the substance. Any amount of a dangerous or narcotic drug that is not listed and that has a market value equal to, or more than $1,000 exceeds the statutory threshold, pursuant to A.R.S 13-3401.36(j).

Sentences for Possession for Sale of a Dangerous Drug in Arizona

Possession for sale of a dangerous drug is categorized as a class two felony in Arizona that carries harsh prison sentences. The mandatory minimum sentencing guidelines for repeat offenders that are convicted of this crime are as follows:

  • Mitigated – 4.5 years
  • Minimum – 6 years
  • Presumptive – 9.25 years
  • Maximum – 18.5 years
  • Aggravated – 23 years   

These sentencing guidelines also apply to repeat offenders convicted of administering a dangerous drug to another person, manufacturing dangerous drugs, and transporting, importing into the state, or offering to transport or import dangerous drugs into the state for sale.

Presumptive sentences are usually imposed on an offender unless there are mitigating or aggravating factors to the crime. Mitigating factors can potentially allow a sentence to be reduced to a shorter prison sentence. Some examples of mitigating factors include:

  • The offender’s age
  • Whether or not the offender committed the crime under a certain amount of duress.
  • The degree of participation that an offender actually had in the crime

Aggravating factors, on the other hand, can influence a judge to enhance a sentence to the maximum prison sentence allowed under law. Examples of aggravating factors include:

  • The presence of an accomplice
  • The offender had a previous felony conviction within ten years of the current conviction (applies to felonies committed both in and outside the state of Arizona)
  • The offense was committed in a particularly heinous, cruel, or depraved manner

Penalties for Possession for Sale of Methamphetamine in Arizona

The Arizona legislature has elected to impose harsher sentences for repeat felony offenders convicted of possession for sale of methamphetamines. If the amount of methamphetamines exceeds the statutory threshold, nine grams, or the prosecution can prove that the methamphetamine was for sale, the offender could face the following mandatory minimum sentences:

  • Minimum – 5 years
  • Presumptive – 10 years
  • Maximum – 15 years  

These sentencing guidelines apply to offenders that do not have a previous distribution of methamphetamine convictions. If the offender has been previously convicted of possession for sale of methamphetamine, manufacturing, possession of equipment or chemicals to manufacture methamphetamine, transporting for sale, importing into the state, or offering to transport or import methamphetamine into the state for sale, the offender will face the following enhanced sentencing guidelines:

  • Minimum – 10 years
  • Presumptive – 15 years
  • Maximum – 20 years

Arizona Drug Arrest Statistics

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According to the EDGE Report produced by the Arizona Criminal Justice Commission in 2021,  drug arrests in most major categories have fallen over the past five years. This includes marijuana, cocaine, methamphetamine, and heroin. In the category of “other illicit drugs,” which excludes the aforementioned categories, the state has seen a tripling of arrests in the past five years from 590 to 1,522. The number of methamphetamine arrests has fallen from a five-year high of 1770 in 2017 to fewer than half that number in 2020. Not all categories of arrests have had as dramatic of a change, but the total arrests are trending downward.

Arizona Criminal Defense Attorneys

If you are facing serious drug charges such as the charges discussed here or others, it is important that you obtain competent and experienced legal representation. Your attorney will analyze how evidence was obtained to determine if it can be suppressed, present mitigating factors for a reduced sentence, and evaluate whether you can move to have your charges dismissed due to a constitutional or procedural error during the arrest. At the law office of Hernandez | Hamilton | Lamoureux, a professional Tucson criminal defense attorney has over 90 years of experience defending drug crimes of all types and representing clients in both the state of Arizona and the rest of the United States. So take the first step in getting help during this stressful time in your life and call our office today for a consultation.

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Clay Hernandez and Josh Hamilton are some of the most competent Lawyers I have ever had the pleasure of working with. They are dedicated, hard working and honest! They are some of the top Lawyers in the legal community and you couldn't have a better legal team on your side!

Lacee

To say that Josh Hamilton saved my life would be an understatement. Facing an incredibly ugly situation, I shopped around for an attorney for a while until I came across Mr. Hamilton. From day one I knew I had found the representation I needed. Josh fought tooth and nail for me and got me the best outcome, considering the dire straits I was in. His staff is incredibly helpful and friendly and Josh's ability and knowledge of the law is second to none. I could not see myself facing a hell like this again with anyone else at my side. A simple "thank you" will never be enough for all that Josh and the staff of Hernandez and Hamilton did for me.

Ox Inator

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The absolute 100% best. I cannot stress how much I appreciate and how grateful i am for Josh and Carol. They took up my brothers case in 2018 and never left him since. Their work is excellent and speaks volume. The complexity of the case will have anybody fearful and doubtful but not them. Right from the start they maintained a positive vibe and their professionalism is exceptional. I am so happy i found them back when me and my sister in law were googling appellate lawyers. If i could hug them now i would. My brother was released two days ago and even though the case is not done i am pretty sure the end results will be a good one. God appointed the right lawyers and they are not in it for the money they truly are genuine in fighting for victory and they know what happened to my brothers were not right and they fought tooth and nail and for that i just want to say thank you from the bottom of my heart. Grateful forever and ever!

King Black

I had a potential federal case come before me in my work environment. I called and they were so willing to work with me on getting into an in person consultation even though I was 2 hours away. We spoke on the phone, and then had a meeting I specifically spoke with Clay. He was knowledgeable and had a defense prepared before I even left the consultation. With everything still being in process, all I can tell you, based on my experience with him, he will fight until the end and he won't give up!

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Hernandez & Hamilton are top-notch attorneys. In hindsight I would NOT have considered hiring any other attorney to take care of my legal matters. Hernandez even traveled out of state to represent me over 2000 miles away, in Ohio, IN THE WINTER. :) Thank you for all you have done for me and my family!!!

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The best thing about this law office is their dedication. Josh never stopped working for us, never stopped believing that there would be a great outcome and even when it looked like all hope was lost, he kept working until we got the outcome we were looking for. I would recommend this office to anyone looking for an attorney. If they believe they can help, they will!!

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I contacted Mr. Hamilton regarding a case involving my brother. From the moment we spoke on the phone, he made feel like we were in the right hands. We discussed the case, went over the pro´s and con´s reaching a desicion to move fwd with the case. Mr. Hamilton is extremely well prepared and very knowledgagle. My brother got a very long punishment that was not justified and because of his commitment to the case and his great team effort, they got my brother a reduced sentence to time served. Now, thanks to Mr. Hamilton and his team, my brother is able to reunite with his three kids and his brothers. We are for ever thankful for your hard work and commitment. Thank you for believing in whats right! Blessings from our entire family.

Eghector

Josh Hamilton is top-notch: knowledgeable, accessible, hard-working and honest. No better lawyer in town.

Jeff Welter

I highly recommend Josh Hamilton to resolve your legal issues.The staff at Hernandez and Hamilton were very professional and friendly.Thank you Josh,Julie, Roni, and Olivia for everything that you all did for us. Have a wonderful holiday season and a prosperous new year..

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I have owned a private investigation company in Arizona for a quarter century and worked with both of these lawyers for many years. These attorneys are honest, extremely competent, and truly care about their clients. Both are exceptional advocates.

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Best lawyer in town. Josh and everyone else working with him at his law office go beyond to help you every step of the way. I would highly recommend for your criminal defense attorney.

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Fantastic work by Josh and his team, they are very professional. Thank you for your help in our case. You and your team managed to get my brother released on the spot and cleared of all charges.

Eftimi Etzoglou

If you want the best of the best? Look no further because Clay and Josh are definitely it. HANDS DOWN.

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I can't thank Josh Hamilton enough and his team for what they did for our family to give us peace knowing that we got the best law firm the best lawyer and the out come was amazing thank you for all your knowledge your hard work your dedication once again thank you Josh and your team.

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This legal team is at the top of their game when it comes to representation and dedication. Truly a 5 Star law firm from beginning to end.

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James Stewart