Dumfries Drug Lawyer
America has continued its war on drugs, which has resulted in extremely harsh penalties for those convicted of drug crimes. Even possessing a small amount of specific controlled substances can result in incarceration and fines.
A Dumfries drug lawyer may be able to examine the circumstances surrounding your case and devise the defense strategy that is most likely to bring you success.
A skilled criminal defense lawyer knows how to evaluate the evidence that the state has in support of the charges against you. With that knowledge, legal counsel may be able to discredit the evidence and develop a defense theory to advocate on your behalf throughout your criminal proceedings. Having legal representation in your criminal case can make a substantial difference in the outcome of your case.
Classification of Drugs
The specific charges and penalties that individuals may face for drug offenses depend on various factors, including:
- The legal classification of the drug, based on its danger to the public, the potential for misuse, any accepted medical uses
- The amount of the drug involved in the offense
- The nature of the crime
Virginia law categorizes all controlled substances into six different schedules. Schedule I drugs are the most dangerous drugs with a high risk of misuse and addiction and few accepted medical uses and Schedule VI contains those controlled substances that have acceptable medicinal usage and a low risk of abuse. As a result, drug offenses involving Schedule I or II drugs are likely to result in more severe drug charges and penalties.
Drug Possession Offenses
Va. Code § 18.2-250 makes it unlawful for individuals to intentionally possess controlled substances unless they obtain it through a valid prescription from a medical practitioner. Criminal possession charges can range from misdemeanors to felonies, depending on the schedule of the drug involved and the amount of the drug possessed. A drug lawyer in Dumfries could be instrumental in helping individuals fight back against drug possession charges, which carry the possibility for harsh consequences.
Like many states, Virginia has removed marijuana from the schedules adopted from the Federal Controlled Substances Act and established less severe penalties for possession of the drug. Although marijuana remains a Schedule I controlled substance under federal law, and possession of marijuana is still illegal under Va. Code § 18.2-250.1, the penalties for possession of marijuana are far less harsh than those for other drugs. THC oil and hash, however, are Schedule I substances in Virginia, and possession of any of these concentrates is a felony offense.
Manufacturing and Distributing Drugs
Under Va. Code § 18.2-248, it is unlawful for individuals to manufacture, intend to make, distribute, or attempt to distribute controlled substances. Penalties for these offenses will vary according to the schedule and the amount of the drug involved in the crime, as well as whether the individuals have any prior drug convictions.
Generally, the more significant the amount of the drug involved and the more serious the schedule of the drug, the more severe the resulting charges and penalties will be.
Manufacturing or distributing or attempting to manufacture or distribute a Schedule I or Schedule II drug is a felony offense that can result in a prison sentence ranging from five to 40 years and a fine of up to $500,000. If, however, individuals possess a certain quantity of a specific drug, then the penalties may increase.
For instance, if individuals distribute 100 grams or more of heroin or 500 grams of cocaine, then they are subject to a five-year mandatory minimum prison sentence and may serve a life sentence, as well as a one million dollar fine. Therefore, it is critical for defendants to obtain an accomplished attorney as soon as possible.
Contact a Dumfries Drug Defense Attorney Today
You can face a wide range of offenses for possession, manufacture, or distribution of drugs under Virginia law, most of which carry the potential for lengthy sentences of incarceration and thousands in fines. For large-scale drug delivery operations, individuals could be looking at life in prison. As a result, you should not hesitate to seek out a Dumfries drug lawyer for advice.
Legal counsel may allow you to more effectively defend yourself against the drug charges that you are facing. Avoiding the negative implications of a drug conviction can be crucial to preserving your future.