State and federal laws may vary because it covers multiple kinds of drug charges. State laws may need their own focused approach and specific for each jurisdiction but as long it doesn’t come in conflict with federal laws, it’ll be implemented. Drug felony charges commonly lead to harsher convictions and longer prison sentences. State charges on drugs often carry a shorter sentence which may even light as simple probation.
Crimes that involve drugs are often charged as a misdemeanor or a felony. The charge will depend upon the quantity of the substance in possession of the drug involved within the case. Aside from the amount, the type of the drug is also considered. If the person has an intent to deliver drugs, the penalties will become harsher. There are other considerations of serious factors that determine whether the charge may be a felony or not. The high cost of a felony conviction is some of the main things that a defendant should attempt to avoid by working with a specialized drug defense attorney.
What are some of the factors that can lead to drug felony charges?
In situations where the offenses are merely associated with possession of a lesser dangerous or small quantity of controlled substances, are often charged as a misdemeanor. However, the stakes are raised to a felony when the drug type and intent involved within the case are taken into account. It becomes more dangerous if the person possesses a huge quantity of illegal substances. If the person only possesses a little amount but has the intent to distribute it or have violated other aggravating factors, it can still be considered a felony.
Aggravating Factors Which Lead To Drug Felony Charges
- Possessing controlled substances in public locations like parks, pools, and housing units.
- Possessing illegal substances near school places.
- Possessing the illicit substance near or inside a drug rehabilitation facility.
- Possessing the illicit drug within the presence of a minor who is under the age of 18 years old.
- Repeat offender
Kinds of Drug Offenses
Possession
The laws that cover possession charges might differ for every state. The differentiating factor would be the kind of drug associated with the case, including the amount of the substance. Nonetheless, drug possession remains a criminal offense under both state and federal laws. An individual caught having an illegal drug in his or her possession with the intent to distribute will face severe charges.
Paraphernalia
Charges involving drug paraphernalia is about the type of object that is used to prepare, produce, inject, inhale, or hide illegal substances. It’s against the law to import, export, or sell any kind of drug paraphernalia. Some kinds of drug paraphernalia include:
- Bongs
- Pipes
- Syringes
- Rolling papers
The issue which will occur with drug paraphernalia is that a number of the equipment is meant to seem that it was created for legal use. An example is when bongs include a false label that it’s used for tobacco. Albeit the bong features a label, the person possessing it can still be charged counting on where the item is bought or how the equipment looks.
Trafficking
Trafficking and drug distribution laws have made it illegal to move, import, export, or trade any controlled substances like marijuana and cocaine. It’s considered a drug felony charge which is a more serious offense than a drug possession charge since it involves the transportation of an outsized number of substances. Anyone charged with drug trafficking charges may face a sentence of three to a life jail term.
Manufacturing or Delivery
Another drug crime is drug manufacturing which involves any production process of an illegal substance. Delivering an illegal substance is additionally considered a drug crime under both federal and state laws. The conviction related to this charge can cause jail time and fines.
Dealing
A drug-dealing charge refers to the trade of selling illicit drugs but on a smaller scale. It’s essential that dealing and trafficking vary from every state. The punishment for this offense isn’t severe unless it’s selling larger amounts. The severity of the punishment in this crime highly depends on the quantity of the drug.
An individual who gets involved with any drug case, specifically a felony charge, has to work with a reliable professional attorney. The penalties of drug crimes are severe. A defense lawyer with a specialization in drug charges can aid the defendant in undergoing the criminal justice system and ensure that his or her rights are exercised in court.