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Charges of drug possession, manufacturing, or trafficking can quickly give rise to criminal indictments, leading to imprisonment and the hard task of coming up with bail money. Once you deal with the initial consequence of a drug accusation, you must deal with the potentially grievous impact of a penalty, such as high fines, prison time, the loss of your driver’s license, and much more.

The best avenue to address this option is to work with one of our well-experienced, skilled, trusted and highly-reliable drug crime defense attorneys. We do understand that the statutory sentences and collateral aftermaths of a drug judgment can be devastating.

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Drug Offenses

Most of offenses linked to controlled substances and their sentences are set out in the Penal Code, including:

Steroids Possession – While steroids have a number of proven medical uses, they are illegal to possess with no valid prescription. Under the Penal Code, if you are found to be unlawfully in steroids possession, you can be indicted for an offense. Possessing more than 30 doses of an anabolic steroid is a misdemeanor offense.

Cocaine Possession – If you are busted possessing cocaine for your personal use, you will be indicted for a misdemeanor. If you are charged with cocaine manufacturing, delivering, or possessioin with the intent to deliver or sell it, then you will be indicted for a serious crime. A skilled, trusted and well-experienced drug defense attorney can pursue an acquittal in your case or fight for a fair sentence, including drug rehab in lieu of prison time.

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Heroin Possession – Due to the present opioid outbreak, police agencies take the possession and sale of heroin very seriously. If you are found with even smallest quantity of heroin, you will deal with criminal accusations. Heroin possession is considered as a misdemeanor. However, heroin manufacturing, delivering, or possession with the intent to deliver or sell it is a serious crime.

MDMA, Meth, and PCP– Meth, PCP, and MDMA (known as ecstasy) are popular party illegal substances. If the law enforcement find you have any of these illegal substances, you will be indicted for a misdemeanor. However, if you manufacture these substances, deliver them, or possess them with the intent to deliver or sell them, then you will deal with a felony crime.

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Schedule I and II Drugs– Schedule I drugs are deemed to have the highest potential for addiction and abuse, and they have no accepted medical purpose. You cannot lawfully possess any Schedule I drugs, which include heroin, marijuana, LSD, and MDMA. Schedule II drugs also have a high potential for abuse, however, they also have accepted medical uses. You can only possess Schedule II drugs with a valid prescription. These include OxyContin, Demerol, fentanyl, Adderall, and methadone. Possession of Schedule I or II drugs is a misdemeanor, while manufacturing, delivery, or possession with the intent to deliver is a felony.

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Schedule III and IV Drugs– Schedule III drugs are deemed to be moderately dangerous and have accepted medical uses. Many are available with a prescription, such as Vicodin, testosterone, Tylenol with codeine, and anabolic steroids. Schedule IV drugs are less dangerous and have a low potential for abuse. These are also available by prescription and include Xanax, Valium, Ambien, Ativan, and Darvocet. Possession for these substances is a misdemeanor. Manufacturing, distribution, or possession with the intent to distribute is a felony.

Schedule V Drugs– Schedule V drugs have the lowest level of potential for abuse and have legitimate medical uses. These include over-the-counter drugs that contain small amounts of codeine. Possession of a Schedule V drug is a misdemeanor, though manufacturing, distribution, or possession with the intent to distribute is a serious crime.

Possession or Sale of Legal Precursor Chemicals– Certain chemicals are commonly used to make illegal substances. While these chemicals can be bought and sold lawfully, they are highly regulated. If you are found to be in illegal possession of a precursor chemical, you will deal with a misdemeanor or felony indictment based on the Penal Code. The level of the charge against you depend on your prior record and the chemical you possess. In this situation, do not hesitate to get in touch with a drug crime attorney as soon as possible.

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Drug Conspiracy– It is an offense to work with one or more other individuals to commit a drug crime. If the law enforcement have evidence you partnered with others to manufacture, possess, transport, or sell drugs, then you can be indicted for a drug conspiracy crime. If indicted for this offense, you deal with fines, prison time, driver’s license suspension, and more.

Smuggling and Importation of Drugs– Drugs are often manufactured in other nations and then smuggled into certain country. If you are charged with unlawfully bringing controlled substances into a country, you will be indicted for a felony under the Penal Code.

Possession with Intent to Deliver (PWID)– Whether the law enforcement find you to be in control of controlled substances with the intent to deliver or distribute them to another person, this is known as PWID, and is deemed to be a felony. You will always deal with a felony for possession with the intent to deliver unless the crime is closely related to a Schedule V drug, in which case it is a misdemeanor.

Delivery of a Controlled Substance – You can be indicted for the offense of delivering a controlled substance if there is evidence you passed an illegal drug from your possession into another individual’s control. In many situations, delivery of a controlled substance is a serious crime.

Misbranding of a Controlled Substance – If there is evidence you possessed or sold an illegal substance with a misleading or false label, you can be indicted for a misdemeanor. It is illegal to misbrand a controlled substance or sell it with no adequate warnings or directions. In certain circumstances, you may be indicted for a felony.

Acquiring a Controlled Substance by Fraud – If you provide fraudulent information to get a controlled substance, you can be indicted for an offense. The level of the crime depends on the schedule of the drug you obtained.

Criminal Use of a Communication Facility – Under the Penal Code, if you use any instrument to transmit sound, images, or data to facilitate a felony drug crime, then you may be indicted for an additional, independent third-degree serious crime. When dealing with two or more drug-related indictments, do not hesitate to call a drug crime defense attorney to learn about your defense options.

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Sentences for a Drug Crime Charge

Every crime is given a gravity score, which indicates the seriousness of the offense. Using this factor and the number of charges on your record, a justice uses a sentencing matrix to determine the appropriate sentence, which may be the minimum, maximum, or something in between.

Law sets out potential sentences for each specific drug crime, including:

First-degree felony – Twenty (20) years in jail, and fines up to $25,000

Second-degree felony – Ten (10) years in jail, and fines up to $25,000

Third-degree felony – Seven (7) years in jail, and fines up to $15,000

First-degree misdemeanor– Five (5) years in prison, and a fine up to $10,000

Second-degree misdemeanor– Two (2) years in prison, and a fine up to $5,000

Third-degree misdemeanor– One (1) year in prison, and a fine up to $2,000

Consequences of a Drug Crime Charge

On top of the statutory sentences for a drug crime, you may also experience a number of collateral consequences:

-Difficulty gaining admission to college or graduate school
-Ineligibility for federal student financial aid
-Difficult obtaining scholarships or grants
-Ineligibility or difficulty obtaining certain professional licenses
-Difficulty obtaining a job
-Ineligibility for housing assistance
-Difficulty getting approved for rental housing
-Immigration issues, including deportation
-Child custody and visitation issues
-Loss of your voting rights for a period of time
-Loss of your gun ownership rights for a period of time

Drug Defense Attorney

If you have been indicted for a drug-related crime, it is critical you get in touch with a drug defense attorney as soon as possible. Once we are on your case, we will carry out a thorough defense investigation and determine the strongest possible representations, which may include challenging the constitutionality of a detention, the admissibility of evidence, and whether you had the requisite intent for the offense.

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You probably have a lot of questions about the indictments, potential sentences, and the court process. For answers to all of these questions and more, get in touch with one of our drug crime defense attorneys for a free case consultation.