Were you charged with a crime involving prescription drugs? Charges of this nature are serious, and accusations might make you feel concerned about your future, especially any looming legal consequences.
Even though the aftermath of a prescription drug-related charge can be overwhelming, you don’t have to go through such a difficult situation all by yourself—a Tempe prescription drugs charges lawyer can help. A Tempe drug crimes lawyer can protect you and advocate for your rights.
At Suzuki Law Offices, we have over 30 years of combined experience, and our founding attorney is a former federal prosecutor. We’re always available, and we treat our clients like you’d treat your family. We know what it takes to defend our clients against prescription drug charges, and we’re here for you.
Understanding Arizona’s Prescription Drug Laws
In Arizona, prescription drug offenses are governed by both state and federal laws. State law regulates the legal use of prescription drugs, while federal law addresses trafficking and illicit distribution on a larger scale.
The Arizona Revised Statutes (ARS) contain provisions specifically related to prescription drugs, and violations can result in significant penalties. Under Arizona law, it is illegal to possess, use, or distribute prescription drugs without a valid prescription.
This applies to controlled substances, which are categorized into schedules based on their potential for abuse. These substances include things like:
- Oxycodone
- Hydrocodone
- Morphine
Certain medications that are commonly prescribed, like benzodiazepines, are also highly regulated. Arizona law enforcement agencies are vigilant when it comes to detecting and prosecuting crimes involving these drugs.
As such, the penalties for a prescription drugs conviction can be severe. However, you’re not alone in this. Reach out to a Tempe criminal defense lawyer as soon as possible for legal advice and representation in the face of your charges.
Possession of Prescription Drugs Without a Prescription
A very common prescription drug offense in Tempe—as well as the rest of Arizona—is the possession of prescription drugs without a valid prescription. This is a serious criminal charge, and it can apply to any controlled substance that is obtained without a doctor’s order.
In many cases, people are unaware that possessing certain medications without a prescription is illegal, but ignorance is not an excuse in the eyes of the law. No matter whether you knew it or not, possession of a prescription drug without a prescription is classified as a felony in Arizona.
The severity of your charge will depend on the type of drug in question. For example, possessing a controlled substance like oxycodone or Adderall without a prescription may result in a Class 4 felony charge, which carries penalties of just under four years in prison on average.
Drug Trafficking and Distribution of Prescription Drugs
In addition to simple possession, people can be charged with drug trafficking or distribution for engaging in the illegal sale or distribution of prescription drugs. This is a serious offense in Arizona, and as such, it often carries extremely harsh penalties.
Drug trafficking charges can be applied to just about any illegal sale, transport, or distribution of prescription drugs, even if the drugs were originally prescribed to someone else. If you’re caught trafficking prescription drugs, your charge will depend on two factors:
- The amount of drugs involved
- The circumstances of the case
Under ARS 13-3407, trafficking controlled substances is a Class 2 felony, which can carry up to 12.5 years in prison, very expensive fines, and a permanent criminal record.
If your alleged offense involved a large quantity of drugs, the penalties you’re looking at can be even more severe, with the possibility of life imprisonment in more extreme cases.
Prescription Fraud and Doctor Shopping
Prescription fraud is another offense that frequently arises in the context of prescription drug cases. This occurs when someone intentionally falsifies information to get a prescription for controlled substances.
These are a few common methods of prescription fraud:
- Using false information to obtain prescriptions
- Forging prescriptions
- Filling prescriptions at multiple pharmacies to get large quantities of a drug
This type of fraud is illegal in Arizona, and it can result in both criminal charges and civil liability. A related offense is “doctor shopping,” which involves visiting multiple doctors to obtain prescriptions for the same drug.
People might try to deceive healthcare providers into prescribing them medications for non-legitimate reasons, such as maintaining their addiction or selling drugs on the black market. No matter your intentions, Arizona law considers doctor shopping a form of prescription fraud.
In turn, those who are found guilty of engaging in this behavior can face criminal charges—including felony charges—which often result in serious penalties. If this sounds like your situation, contact Tempe prescription drugs charges attorneys for legal advice.
Penalties for Prescription Drug Charges in Arizona
Speaking of penalties, what consequences do people charged with prescription drug offenses often face? It all comes down to the specifics of your situation, but the penalties for prescription drug charges in Arizona will reflect two factors:
- The nature of your offense
- Your prior criminal history
Possession of a prescription drug without a prescription may lead to felony charges, with penalties ranging from probation and community service to significant prison sentences.
Drug trafficking offenses carry some of the most severe penalties in the state, including lengthy prison terms and substantial fines. In some cases, defendants may be eligible for diversion programs, which provide a path to avoid incarceration if they successfully complete them.
Arizona has mandatory minimum sentencing laws for certain offenses as well, particularly those related to trafficking and large-scale distribution. In some cases, judges have limited discretion in reducing sentences, even if you show remorse or have a strong case for rehabilitation.
Defenses Against Prescription Drug Charges
If you’ve been charged with a prescription drug offense in Arizona, there are several possible defenses that your Tempe prescription drugs charges attorneys can apply to your case. For starters, a common defense is that you were unaware the drugs were illegal.
Similarly, your prescription drugs charges attorney in Tempe might argue that you did not know the drugs were in your possession in the first place. This defense may be applicable in cases where there is:
- Proof that the drugs were obtained inadvertently
- Lack of evidence to claim that you intentionally possessed or distributed the drugs
Other potential defenses include challenging the validity of the search that uncovered the drugs, disputing the chain of custody of the evidence, or showing that the defendant was being targeted due to false information or misunderstanding.
Additionally, in some cases, your legal counsel may argue that the drugs were prescribed for legitimate medical reasons, but the prescription was later misused or altered.
Contact Our Tempe Prescription Drugs Charges Law Firm Today
If you or someone you know is facing prescription drug charges, you don’t have to go up against these accusations on your own. Being charged with a drug-related offense can bring serious consequences, but we want you to know that help is available.
At Suzuki Law Offices, we’re here to represent you and defend you against your charges. Our Tempe criminal defense attorneys are ready to advocate for you as we work tirelessly to protect your rights. You deserve a fair defense, and that’s what we can offer.
Don’t wait to contact us for help—we’re here for you. The sooner you call our prescription drugs charges law firm in Tempe, the sooner we can start building a defense strategy on your behalf. You can count on us to work toward obtaining a favorable outcome in your case.
Call or text (602) 682-5270 or complete a Free Case Evaluation form