Archive for November, 2010

Sentencing Guidelines for Marijuana Possession in Arizona

As you probably know, the use of marijuana for medical reasons has been approved by Arizona voters.  This does not mean that you have free reign to possess the illegal drug, nor does it mean that the state’s laws against possession have become any more lenient.

Ever wonder what you should expect if you’re discovered to be in possession (not for sale) of marijuana by a member of Arizona’s law enforcement?  Here’s a breakdown:

Amount  –>  Severity  –>  Incarceration  –>  Fine

• Less than 2 lbs.  –> Misdemeanor or felony –> 6 months – 2 years –> $750 – $150,000
• 2 lbs. – 4 lbs. –> Felony –> Up to 2 years –> $750 – $150,000
• 4 lbs. or more –> Felony –> 1 year – 3.75 years –> $750 – $150,000
• Near school or bus –> Felony –> Additional 1 year –> $2,000 – $150,000

If you’re convicted of personal possession or use of marijuana, you are eligible for probation and the court is required to suspend the imposition or execution of the sentence. While on probation, you must participate in an appropriate drug treatment or education program and may be required to attend a more stringent treatment program and serve one year in jail for a second offense.

If convicted of a third or subsequent offense, you are not eligible for probation. You must also submit to urine drug tests as a condition of your probation.  Of course, if you have a medical prescription, and a small amount of marijuana, you are exempt from the above.

If you’ve been charged with marijuana possession without a prescription, the attorneys at Petersen Johnson can answer your questions during a free initial consultation.

Author: T Jacobs

Penalties for Simple Assault in Arizona

So, you’ve just finished a nice dinner out with your family and while walking to your car a stranger approaches you and asks for change.  You reply that you are empty-handed, but the person insists you must have some money.  Feeling tired and annoyed, you engage in a verbal confrontation, pushing the stranger so he will leave you alone.  As a result of your push, the stranger stumbled, fell to the ground, and cuts his arm.  Now what?

It’s important to know that simple assault charges in Arizona are taken very seriously and the punishment increases with the severity of the assault, as well as the number of convictions you’ve had.

A misdemeanor assault (as described in the story above) is punishable by up to one year in prison, along with a $2,500 fine.  This level of assault is specifically defined as:

• Intentionally, knowingly or recklessly causing any physical injury to another person; or
• Intentionally placing another person in reasonable apprehension of imminent physical injury; or
• Knowingly touching another person with the intent to injure, insult or provoke such person.

Additionally, endangerment can also be classified as a misdemeanor in Arizona.  This includes a situation where a person’s actions recklessly endangering another person with a substantial risk of physical injury.

It’s important to know how Arizona law enforcement may react to your actions.  Instead of taking physical action against a stranger or anyone, call 911 immediately and get you and your family to a safe location until help arrives.

If you find yourself in the unfortunate circumstance of having committed an assault, contact the attorneys at Petersen Johnson for a free consultation.  We protect YOUR rights.

- T. Jacobs