Whether in the Phoenix area, or anywhere in Arizona, under A.R.S. §13-3405, if a person "Cultivates Marijuana", then they are guilty of a class five (5) felony (if it's dried weight is less than two (2) pounds). If a person possesses from two to four (2-4) pounds of marijuana and the drug is for personal use and is not for sale, then this under Arizona law this is also a class five (5) felony. "Cultivation of Marijuana" is usually accomplished by growing in a hydroponic garden indoors, or in a backyard planter.
This crime is a class five (5) felony and carries a mandatory prison sentence of six (6) months to two and one half (2.5) years of incarceration. If the Defendant has one (1) allegeable historical prior felony conviction, then a second offense felony would require a "prison only" range of anywhere from one (1) year to three and three quarters (3.75) years of incarceration. If a Defendant has two (2) allegeable historical prior convictions, then a third offense felony would require a "prison only" range of anywhere from three (3) to seven and one half (7.5) years of incarceration.
If a person possesses more than four (4) pounds of marijuana, and it is only for personal use (i.e. not for sale), then Arizona law defines this as a class four (4) felony. A first offense of this nature carries a mandatory prison sentence of anywhere from one (1) year to three and three quarters (3.75) years incarceration. If a Defendant has one (1) allegeable historical prior felony conviction, then a second offense felony would require two and one quarter (2.25) years to seven and one half (7.5) years in prison. If a Defendant has two (2) allegeable historical prior felony convictions, then a third offense felony would require anywhere from six (6) years to fifteen (15) years of incarceration.
Defenses to this charge would include a "Lack of Knowledge". This would come into play if the marijuana was growing outside in a garden, or was tucked away in a corner of a yard, and the person was unaware of the plants' presence. Sometimes this will occur in rental houses where the new tenant was unaware of what the old tenant was growing. Other times it will include a family member who is growing marijuana without the knowledge of the others who reside within the household. Sometimes the defense will be based purely on whether the plants were properly dried and cleared of dirt before they were weighed (i.e., do they really weigh less than two (2) pounds).
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / "cloning hard drive" procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
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