Mesa, AZ asked in Criminal Law for Arizona

Q: my son is incarcerated he just charged with pris possession/make contraband what are the consequences for that

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1 Lawyer Answer

A: That will depend on what the contraband was and how many prior felony convictions he has. If he was caught with a deadly weapon, dangerous instrument or explosive it is a class 2 felony and all other items (such as a cell phone) would be a class 5 felony. Since he is in prison he has at least one prior felony conviction - so if it is a class 2 felony he is facing 4.5 - 23 years and 1-3.75 years if it is a class 5 felony. If he has 2 or more felony priors, he is facing 10.5 - 35 years if it is a class 2 felony and 3-7.5 years if it is a class 5. It is also important to note that not all of these charges are submitted to the county attorney and some are handled within the prison justice system. Those potential prison ranges are what he faces if he is charged by the County Attorney. Hope that helps. If you have the means, I suggest consulting with an experienced criminal defense attorney to see if your son has a defensible case. Best of luck!

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