Felony Sentencing Guidelines in Arizona

In Arizona, there are many different levels of criminal offenses that have a wide range of punishments associated with them. There are two major categories of crimes, felonies and misdemeanors. Each has different levels, or classes, within each. There are also different categories associated with repeat offenders for each class of felony or misdemeanor. In addition to that, there are several special circumstances and unique sentencing provisions that may or may not apply to your case.
If you or a loved one have been charged with a felony or a misdemeanor offense in Arizona, it is critical to hire an experienced attorney that will fight for you. Here at the Cates Garvey Law Group, we have years of experience handling cases involving the lowest level misdemeanors to the most severe felonies. Mr. Cates is certified by the State Bar of Arizona as a Specialist in Criminal Law and has over 20 years of experience in handling cases of all types. In addition, Ryan Garvey, the managing partner of Cates Garvey, has 20 years of experience in standing up for the rights of the accused. The Cates Garvey Law Group has a strong team of attorneys that have experience in fighting cases in all 15 counties in Arizona. We are aggressive at mounting defenses and strategies to help you fight any allegation. Do not waste your time talking to salespeople who are not licensed attorneys. At the Cates Garvey Law Group, we offer free, and confidential, 30-minute consultations with licensed attorneys to help answer your questions. Please call (855) 965-4522 to schedule a consultation today.

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Penalties Under A.R.S. § 13-3405 – Possession of Marijuana

Possession of any amount of marijuana without a valid Arizona Medical Marijuana Act card is a felony under Arizona law. A.R.S. § 13-3405 defines the range of penalties for possession of marijuana and possession of marijuana for sale. Simple possession, that is, possession of a small but usable amount of marijuana for personal use, is a class 6 felony, and may be designated a misdemeanor by the court. Possession of any amount of marijuana over two pounds, the threshold amount, is a felony offense. The seriousness of the felony charge is tied to the amount of marijuana in the person’s possession.

• 2 pounds or less: Class 6 felony
• Between 2 and 4 pounds: Class 5 felony
• 4 pounds or more: Class 4 felony

Possession of marijuana for sale is a more serious offense. A person can be charged with possession for sale if the officers who conducted the investigation find evidence that the person was planning to sell the marijuana. Some examples of evidence the officers look for are the amount of marijuana in the person’s possession; the amount and denominations of cash the person is carrying; whether the marijuana is packaged for sale; whether the person has a scale or some other instrument used to measure quantities of marijuana. The penalties for possession of marijuana for sale are also tied to the weight of the marijuana in the person’s possession.

• Less than 2 pounds: Class 4 felony
• Between 2 and 4 pounds: Class 3 felony
• More than 4 pounds: Class 2 felony

Transportation of marijuana is charged when the police have reason to believe that a person is importing or transferring marijuana for sale. Like the other sections of the statute, the seriousness of the charge is tied to the weight of the marijuana.

• Under 2 pounds: Class 3 felony
• Over 2 pounds: Class 2 felony

As you can see, transportation is a very serious offense.
If you or a loved one has been charged with possession of marijuana, call us today. Our attorneys are familiar with these cases, and frequently achieve good results for even the most serious marijuana related offenses.

Possession of Marijuana/Medical Marijuana/Prop 200

Possession of any amount of marijuana is a felony in Arizona, though it can be designated a misdemeanor by a judge. The penalty for possession of marijuana can range from no conviction at all to several years in prison, depending on the number of prior felony convictions and drug strikes a person has on their record.

Arizona’s Prop 200, ARS § 13-901.01, makes possession of marijuana a probation mandatory offense for anyone not convicted of two or more drug crimes, provided they have no history of violence. This means that if a person has no prior drug convictions, and has never been involved in a violent crime, they will not be sentenced to prison if convicted.

Medical marijuana is legal in Arizona. If a person is in possession of a valid Arizona Medical Marijuana card, they will not be prosecuted for being in possession of small amounts of marijuana. Arizona does not recognize medical marijuana cards from other states. Possession of any amount of marijuana in Arizona without a valid medical marijuana card from Arizona is a crime. This can lead to some absurd results, like a New Mexico state citizen purchasing marijuana legally with a valid New Mexico medical marijuana card, travelling to Arizona with a small amount of marijuana, and being convicted of a felony for possession of marijuana in Arizona.

If you have been accused of possession of marijuana, or any drug, call us today. Our attorneys offer free consultations and can usually determine whether a person is eligible for probation under Prop 200.