22 Sep Why Aggravated Drug Charges Make Sentences Longer
There are many different types of drug charges in Arizona, ranging from misdemeanors to felonies. But there are a few situations where a judge can impose extremely harsh punishments. Some circumstances can bump a crime up into a higher class of felony, which means longer sentences and higher fines.
Sentences will always be longer if there are prior felony convictions, if there were aggravating circumstances, or if there was a child involved. And for some drug crimes, there is not even any chance of early release or parole.
Here are the three most common reasons for aggravated drug charges in Arizona.
1: Multiple Previous Convictions
Any previous felony convictions on your record mean you will automatically be facing harsher consequences for drug charges in Arizona. It does not matter if it was another type of crime or if it happened in a different state. Any previous felonies can make the minimum and maximum sentences harsher.
One prior felony conviction is called a category two repetitive offender, while a person with two or more felonies is called a category three repetitive offender. More than three prior convictions can increase the minimum incarceration sentences by nearly double!
2: Aggravated Circumstances
Most of the time, “aggravated circumstances” refer to crimes involving deadly weapons. For example, if a gun was fired or used to threaten or injure someone else, the charges will be more severe.
But the circumstances can also be aggravated if there was an underage or elderly victim. For instance, selling drugs on school property is an aggravated offense.
A crime can be charged as aggravated when:
- There was a deadly weapon in the defendant’s possession (it doesn’t matter whether they used the weapon or not)
- The criminal act caused a serious injury or death
- There was a vulnerable victim (under the age of 15 or over the age of 65)
3: Drug Crimes Involving a Minor
Arizona takes the safety of children seriously. This is why there are several instances where drug charges can be stacked with other violations. If a child was involved in a drug crime, endangered because of drug trafficking or manufacture, or harmed during the commission of a crime, there may be additional charges.
Penal Code 13-3409 specifically refers to crimes involving or using minors in drug offenses. For example, hiring a teenager to transport drugs or to sell drugs will aggravate the charges. Selling or giving drugs to a minor is also an aggravated charge.
If the minor involved in the crimes is 15 or older, then there is an added class 2 felony charge with a typical sentence of 5 years in prison. If the minor is under 15, the charge escalates to a dangerous crime against a child, with sentences closer to 20 years. And if a child was injured during the manufacture of methamphetamines, it’s a class 2 felony.
When children are involved in dangerous crimes, there is no possibility of commuting the sentence, parole, probation, or any type of early release. The entire sentence must be served. Fines also increase. The minimum fine for dangerous crimes against children is $2,000.
If You Are Facing Aggravated Drug Charges in Arizona, Contact Coolidge Law
Drug charges are often stacked with other charges, and when they are all added up, you could be looking at a significant amount of time behind bars. And since so many circumstances can aggravate drug crimes, you will need a certified defense attorney on your side.
Here at Coolidge Law, every case we take on gets our full attention. We will work hard to secure the best outcome possible, no matter the circumstances. We will fight to get your charges reduced, help you build a strong defense, and ensure that your rights are respected throughout the entire court process.
If you are looking for a criminal defense lawyer in Chandler, contact us to request a consultation.
Photo by JC Cervantes on Unsplash used with permission under the Creative Commons license for commercial use 9/22/26.
