Felony Drug Charges

Felony Drug Charges

Drug Crimes Lawyers

Drug crimes are one of the most common types of crimes committed. This is true for most major cities in the United States. It is important that you stay informed about the drug laws that are relevant to your hometown and state. Furthermore, you should understand that there is typically a fine line between misdemeanors and felony drug charges. When it comes to understanding these laws, you might find yourself perplexed and unsure about how to interpret things. Sometimes, the lines are blurred and you may not understand the consequences that you might face in the event of a drug possession charge. For these reasons, it is recommended to consult a drug possession lawyer for a clear explanation, as well as, to know what your legal options might be in the aftermath of a drug charge. 

Drug Possession Charges

A drug possession can be charged as a felony or misdemeanor. What the prosecutor decides will typically depend on the type of drug and the amount. The circumstances of the arrest, and overall situation, can impact the charge. For example, aggravating circumstances, like possessing an illegal substance on school grounds, will also be more likely to result in a felony charge. 

Understanding Drug Classification

Most, if not all, states have divided substances into different categories. These are known as schedules and tend to be based upon, or adopted in whole, from the Federal Controlled Substances Act. This act categorizes substances based upon their medical value and the potential for addiction. There are typically five different schedules with schedule I being the most dangerous to Schedule V being the least dangerous. 

Factors That May Determine the Charge Against You

The Type of Substance, and The Amount

Was the Drug for Personal Use?

In general,  possessing drugs for personal use will result in less severe charges than possessing them with the intent to distribute. A prosecutor might look at a defendant who allegedly was selling drugs, as someone who was putting others at risk; whereas, drug possession for personal use may be seen as the defendant was only harming themself. That said, possession is nonetheless a crime. Depending on the state, even a small amount can be charged as a felony. 

It must be understood that if you are caught with a large amount of drugs, you can be charged with the intent to sell – even if that was never your intention. This charge is almost always a felony.

Aggravating Circumstances

As a leading drug possession lawyer knows, many cases in which the prosecutor charged a defendant with a felony because there was at least one aggravating factor. This may be true even when the actual possession of the drug was a misdemeanor. For example, possession of a Schedule 4 drug might be a misdemeanor, but if it was used on school grounds, the prosecutor might charge the defendant with a felony. 

Felony charges are very serious and should be overseen by a drug possession lawyer, like a drug lawyer in Hayes Valley San Francisco, CA from Hallinan Law Firm, who may be able to help you obtain the least possible penalties. Call a law firm now. 

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