A Class 2 felony fentanyl-sale charge with a statutory threshold allegation made the case ineligible for probation. Any conviction would have meant mandatory prison. Future First refused the State’s initial plea offer, pressed the evidence and theory of the case, and the State filed its own Motion to Dismiss.

At a glance

Court	Maricopa County Superior Court
Original charge	Possession of Narcotic Drugs for Sale (ARS § 13-3408(A)(2)), Class 2 Felony with statutory threshold allegation under ARS § 13-3401
Presumptive exposure	Mitigated 3 years prison, presumptive 5 years, maximum aggravated 12.5 years; fines up to $150,000 plus surcharges; statutorily ineligible for probation due to threshold amount; lifetime felony record; immigration consequences; firearm prohibition
State’s plea offer (refused)	Class 2 felony plea, 6 months mandatory jail with no credit, supervised probation, $2,000 drug fine plus surcharge, 360 hours community service, substance abuse treatment, periodic testing, forfeiture of weapons and currency
Result	State filed Motion to Dismiss; court granted dismissal without prejudice in 2021
Conviction	None
Eligibility for set aside	N/A (no conviction)
Eligibility for sealing	Immediate under ARS § 13-911 in 2021 (case ended in dismissal)

The stakes

The client faced a Class 2 felony for Possession of Narcotic Drugs for Sale under ARS § 13-3408(A)(2) at Maricopa County Superior Court. The State alleged the client knowingly possessed fentanyl exceeding the statutory threshold amount under ARS § 13-3401.

A Class 2 felony narcotic-sale conviction carries 3 to 12.5 years of prison (presumptive 5 years), fines up to $150,000 plus surcharges, and a permanent felony record. Because the State pled a threshold amount, the case was statutorily ineligible for probation, meaning any conviction would carry a mandatory prison sentence. The client also faced immigration exposure and lifetime firearm prohibition.

What we did

After Future First refused the State’s initial plea offer (Class 2 felony plea with 6 months mandatory jail, supervised probation, $2,000 drug fine, 360 hours community service, treatment, testing, and forfeiture of property), pushed the State on its evidence and theory of the case, and pressed the issues at multiple settlement conferences, the State filed its own Motion to Dismiss.

The court granted the motion in 2021 and dismissed the felony without prejudice. The client walked away with no conviction, no prison, no probation, no fine, and no community service. The firm avoided at minimum 3 years of mandatory prison and the lifetime collateral consequences of a Class 2 felony drug-sale record. Under ARS § 13-911, the arrest record is eligible for sealing immediately upon dismissal.

What our clients say

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If you’re facing a felony drug-sale charge in Arizona

Arizona’s drug-sale statutes under ARS §§ 13-3407 (dangerous drugs) and 13-3408 (narcotic drugs) are among the most serious filings in the state’s drug code. Possession for sale charges presume an intent to distribute based on quantity, packaging, paraphernalia, currency, communications, and other circumstantial indicators. When the State alleges a threshold amount under ARS § 13-3401, the case becomes statutorily ineligible for probation. Conviction at that point means mandatory prison.

Defense work on threshold-amount narcotic-sale cases requires absolute focus on the evidence. Was the search legal? Is the quantity actually above threshold? Does the surrounding evidence support a sale theory or just possession? Each one of those questions can become a path to dismissal or reduction. Refusing the State’s initial offer when the case has identifiable proof problems is sometimes the only way to force the prosecutor to reassess.

Future First Criminal Law has handled Class 2 felony drug-sale cases across Maricopa County. We know how MCAO evaluates threshold-amount allegations, how the search-and-seizure defenses get framed in fentanyl cases specifically, and how to position the case so the State sees the path to a Motion to Dismiss.

Related resources

Arizona criminal defense — full overview of how we handle felony and misdemeanor charges
Set aside and sealing in Arizona — how to clean up your record after a felony case

Call us

Facing a felony drug-sale charge in Arizona? Call Future First Criminal Law at 602-900-7625 or request a free consultation. We have handled hundreds of felony cases across Arizona. The earlier we are involved, the more options you have for fighting threshold allegations and pressing dismissal arguments.

Anonymized in line with firm policy. Client name not used. Specific dates approximated to year only. Outcome described reflects this client’s actual results. Past outcomes do not guarantee future results. For more detailed information on Arizona drug law, visit the Arizona State Legislature website.