If you are facing charges of drug possession, intent to deliver, or selling, you need to know your rights as a criminal. If you have been arrested for drug possession, you may want to consider hiring a criminal defense attorney. These attorneys can help you avoid the consequences associated with these charges. Here’s what you can expect from a drug charge defense lawyer.
Penalties for drug possession
A common mistake when defending against drug possession charges is assuming that someone has to have “knowing knowledge” to have it. This is not true and you can defend against drug charges on the basis of false belief. For example, if you are in possession of OxyContin, but did not intend to sell it, you may not have “knowing knowledge” of its presence. In such a case, the prosecutor should dismiss the case, or reduce the charge to a lesser charge.
Possession can be either physical or constructive. Physical possession is if you actually had the drugs in your possession, and constructive possession means you could have controlled the place where you kept them.
Penalties for drug possession with intent to deliver
Possession with intent to deliver is a serious charge that comes with severe penalties. The penalties vary depending on the website type of drug and the amount of it possessed. A person who is convicted of this offense will face prison sentences of six to 60 years and fines of up to $500,000.
Penalties for drug possession with intent to delivery depend on three factors: a person’s knowledge of the drug, whether it was intended to be used, and whether the drugs were delivered. Evidence for the first two can be eye witnesses’ accounts, packaging, and scales, and the amount of the drugs.
Possession with intent to deliver a Schedule II controlled substance carries separate penalties. A first-time offense of this charge can result in five to 40 years of prison and a fine of up to $500,000. Second-time offenders may face a minimum sentence of three years in jail and a fine of up to $1 million.
Penalties for drug possession with intent to sell
Penalties for drug possession with intent to sale depend on several factors, including the type of controlled substance, amount, and criminal record of the defendant. Most convictions are second or third-degree felonies. If the defendant is convicted of this offense, they will likely face incarceration in a county jail for up to a year, or they may be sentenced to serve a period of time in a state prison. They may also lose their driver’s license. Additionally, they may face fines and have to undergo drug education and counseling.
Possession of methamphetamine, also known as Molly, is punished differently. Simple possession of this drug is punishable by up to one year in jail, and possession with intent to sell is punishable by up to three years in prison. Possession of more than one ounce of marijuana or MDMA, also known as ecstasy or molly, carries a much higher sentence than simple possession.