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A Class 2 felony narcotic drug sale charge with threshold-amount allegations carried a mitigated 3 years prison and a presumptive 5-year prison term with no probation eligibility. Future First amended the charge down to a Class 3 Attempt and kept the client out of state prison.
At a glance
| Court | Maricopa County Superior Court |
| Original charge | Possession of Narcotic Drugs for Sale (ARS § 13-3408(A)(2)), Class 2 Felony |
| Presumptive exposure | Mitigated 3 years prison, presumptive 5 years, maximum aggravated 12.5 years, fines up to $150,000 plus surcharges, threshold-amount rules typically barring probation, immigration consequences, lifetime firearm prohibition, permanent felony record |
| Result | State amended lead charge down to Class 3 Felony Attempt to Commit Narcotic Drug Possession for Sale under ARS §§ 13-3408 and 13-1001; 12 months county jail through December 17, 2024; 3 years supervised probation through December 2026; 360 hours community restitution; ~$3,624 in fines plus probation service fee |
| Eligibility for set aside | After probation discharge in December 2026 under ARS § 13-905 |
| Eligibility for sealing | Approximately 2031 under ARS § 13-911, five years after sentence completion |
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. A Class 2 felony narcotic-sale conviction in Arizona carries a mitigated 3 years prison, presumptive 5 years, maximum aggravated 12.5 years, fines up to $150,000 plus surcharges, threshold-amount rules typically barring probation, immigration consequences, lifetime firearm prohibition, and a permanent felony record with lifetime collateral consequences for employment, housing, and civil rights.
What we did
After Future First negotiated the plea, the State amended the lead charge down to Class 3 Felony Attempt to Commit Narcotic Drug Possession for Sale under ARS §§ 13-3408 and 13-1001. The client received 12 months county jail (through December 17, 2024), followed by 3 years supervised probation (through December 2026), 360 hours of community restitution, and ~$3,624 in fines plus probation service fee.
The firm pulled the case out of the Class 2 felony range entirely and kept the client out of state prison. The client avoided the threshold-amount prison mandate and the presumptive 5-year prison term. Set aside under ARS § 13-905 is eligible after probation discharge in December 2026. Sealing records under ARS § 13-911 is eligible approximately 2031, five years after sentence completion.
What our clients say
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If you’re facing a Class 2 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.
Amending the charge down to Class 3 Attempt under ARS § 13-1001 drops the sentencing range one full felony class. The presumptive prison term falls from 5 years to 3.5 years, the aggravated max drops from 12.5 years to 8.75 years, and threshold-amount probation bars no longer apply with the same force. When the State agrees to the Attempt amendment, the door to a county-jail-plus-probation resolution opens.
County jail differs significantly from Arizona Department of Corrections prison. The setting is local, family visits are easier, the time-served calculation is different, and the post-release supervision structure is lighter. For a client facing 5 years of state prison, 12 months of county jail plus 3 years of probation is a dramatically better outcome.
Future First Criminal Law has handled Class 2 felony drug-sale cases across Maricopa County. We know how MCAO evaluates Attempt amendments, how the sentencing math works on threshold-amount narcotic cases, and how to position a plea so the client stays out of ADOC.
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 Class 2 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 charge reductions and prison avoidance.
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.