State and federal laws may vary because it covers multiple kinds of drug crimes. State laws may have their focused approach and differ for every jurisdiction but as long as it doesn’t conflict with federal laws, it’ll be implemented. Drug felony charges would usually have harsher and longer sentences. Most drug state charges have a short-term punishment which may even be as light as easy probation.
A crime that involves drugs is usually charged as a misdemeanor or a felony. The charge will depend on the amount of substance in the possession and the type of drug involved in the case. There are tons of other considerations and serious factors that help determine whether the charges are often a felony or not. The high cost of a felony conviction is some things that an individual should plan to avoid by working with a specialized drug defense lawyer.
What are some of the determining factors of drug felony charges?
In situations where the crime is simply related to possession of a lesser dangerous or small quantity of substance, it’s often charged as a misdemeanor. However, the fees are raised to a felony when the drug involved in the case is considered to be more dangerous or if the person possesses a large number of illicit drugs. Albeit the person only holds a small amount but has the intent to distribute it or have violated other aggravating factors, it can still be considered a felony.
Aggravating Factors Which Can Cause Drug Felony Charges
- Possessing the illicit drug within the presence of a minor under the age of 18 years old.
- Possessing the illicit drug within or near a drug rehabilitation facility.
- Repeat offender
- Possessing the illicit drug in a public place like a pool, parks, and housing units
- Possessing illegal drugs near school grounds.
Types of Drug Crimes
The laws that are involved with possession charges may differ from every state. The differentiating factor would be the type of substance involved, as well as the quantity. However, drug possession remains considered a criminal offense under both federal and state laws. A person caught having an illegal substance in his or her possession with the intent of distributing it will face very severe charges.
Charges involving drug paraphernalia are about the type of equipment that is used to produce, prepare, inhale, inject, or hide illicit drugs. it’s against the law to import, export, or sell any sort of drug paraphernalia. Some examples of paraphernalia include:
- Rolling papers
The issue which will occur with drug paraphernalia is that the majority of the equipment is supposed to look like it was made for legal purposes. An example of this is when bongs include a fake label that it’s used for tobacco. Albeit a bong features a label, the one that owns it can still be charged depending on where the item was bought or how it looks.
Another drug crime is drug manufacturing which involves any production process of an illegal drug. Delivering an illegal drug is taken into account as a drug crime under both federal and state laws. Conviction in this charge can cause jail time and fines.
Trafficking and drug distribution laws have made it illegal to transport, import, export, or sell any controlled substances like marijuana and cocaine. It is considered a drug felony charge which may be a more serious crime than a simple drug possession charge since it involves the transportation of a large number of illegal drugs. Anyone charged with drug traffic may face a sentence of three years to a life sentence in jail term.
Manufacturing or Delivery
A drug-dealing charge is widely known as the trade of selling illegal drugs but on a smaller scale. It is important that trafficking and dealing are different from every state. The punishment in this crime isn’t severe unless it’s selling larger amounts. The severity of the punishment in this sort of crime depends on the amount of the drug.
Anyone who gets charged with any drug felony charges should seek professional help. The penalties of drug crimes are severe which involves the assistance of a jurist. A specialized drug defense lawyer can help the individual to navigate the entire justice system conveniently.