State and federal laws may vary because it covers a lot of different drug charges. State laws may have their focused approach and specific for every jurisdiction but as long it doesn’t conflict with federal laws, it’ll be implemented. Drug felony charges commonly cause harsher convictions and longer prison sentences. State charges on drugs often carry a shorter sentence which can even light as easy probation. You will need to hire a drug lawyer to help you throughout the entire process.
Crime charges that involve drugs are usually charged as a felony or a misdemeanor. The charge will depend on the number of substances in possession of the individual involved within the case. Apart from the quantity, the type of drug is additionally considered. If the individual has any intention to sell drugs, the penalties for the drug charge will become a lot harsher. There are other considerations of great factors that determine whether the charge could also be a felony or not. The high cost of a felony conviction is one of the most things that a defendant should plan to avoid by working with a specialized drug defense lawyer.
What are some of the factors which will cause drug felony charges?
In situations where the offenses are merely related to 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 consideration. It becomes more dangerous if the person possesses an enormous quantity of illegal substances. If the person only possesses a small amount but has the intent to distribute it or has violated other aggravating factors, it can still be considered a felony.
Aggravating Factors Which Can Cause Drug Felony Charges
- Repeat offender
- Possessing illegal substances near school places.
- Possessing the controlled substances publicly locations like parks, pools, and housing units.
Kinds of Drug Offenses
The laws that cover possession charges might differ for each state. The differentiating factor would be the type of drug-related to the case, including the quantity of the substance. However, drug possession charges remain a criminal offense under federal laws and state laws. An individual caught having an illegal drug in his or her possession with the intent to distribute will face severe charges.
Charges involving drug paraphernalia is about the type of object that’s used to prepare, produce, inject, inhale, or hide illegal substances. It’s against the law to import, export, or sell any type of drug paraphernalia. Some variations of drug paraphernalia include:
- Rolling papers
The issue which can occur with drug paraphernalia is that the variety of equipment is supposed to look like it had been created for legal use. An example of this is when bongs include a fake label that is used for tobacco. Albeit the bong features a label, the person possessing it can still be charged relying on where the item is bought or how the equipment looks. Having a drug lawyer by your side, or can help defend you from some of these charges.
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 may be a more serious offense than a drug possession charge since it involves the transportation of an outsized number of drugs. Anyone charged with drug traffic charges may face a sentence of three to a life term in jail.
Manufacturing or Delivery
Drug manufacturing is also a crime that involves any production of any illegal substances. Delivering illegal substances is also considered a drug crime under state laws and federal laws. Conviction associated with this charge can cause jail time and fines.
A charge for drug dealing usually refers to the trade and selling of illegal drugs but on a smaller scale. It is essential that trafficking and dealing charges vary from state to state. The sentences for this offense are not severe unless the individual is selling larger amounts. The severity of the punishment in this crime highly depends on the amount of the drug.
An individual who gets involved in any drug case, specifically a felony charge, has got to work with a reliable professional attorney. The penalties for drug crimes are severe. A drug lawyer with a specialization in drug charges can aid the defendant in undergoing the criminal justice system and make sure that his or her rights are exercised in court.