Written by Canterbury Law Group

What Constitutes a Felony Drug Charge?

What Constitutes a Felony Drug Charge

Crimes involving drugs may be convicted of felony or misdemeanor, depending on the type and quantity of drugs and other vital factors. As with all types of laws, the penalties for felony convictions are more severe than the penalties for misdemeanors, which may include years of imprisonment, suspended sentences, and heavy penalties. Because of the high cost of felony convictions, anyone facing criminal charges for possession of drugs must understand the conditions that constitute a felony.

Get Representation And Education

You an represent yourself but the bets option is to get an attorney who specializes in drug charges who has the knowledge to defend people from drug charges to represent you. It is vital you appoint a lawyer as soon as you can. Their experiences and understanding of the system will assist you in comprehending the charges that have been laid against you as well as looking at solutions where the charges may be defeated. You can help by providing the lawyer with the information they need to build the most robust defense possible. Remember the more you can educate yourself about the process, the greater the chances of you working in tandem with your lawyer to get the best possible outcome.

Determining Factor

Possession crime may be regarded as a misdemeanor if it contains less dangerous drugs or a small amount of drugs. However, if drugs are considered more dangerous, the defendant possesses a large amount of drugs, the individual has sales intentions, or there are other “aggravating factors,” the felony can be convicted as a felony.

Aggravating Factors that could cause a felony drug charge could include:

  • Repeat offenses
  • Possession with a child under the age of 18 present
  • Possession near or in a drug treatment facility
  • Possession in a public area like housing units, pools or parks
  • Possession near or at school grounds

Nebraska’s laws prohibiting the possession of drugs are stringent because the state not only classifies drugs themselves as controlled dangerous substances (CDS) but also classifies them as compounds used to make drugs. Possession of Schedule 1 drugs gets considered the most dangerous because they have no medical use and are highly likely to be abused, and almost always get convicted of a felony. Examples of Schedule 1 drugs are heroin, LSD, and cocaine. In some cases, possession of Schedule 2 or Schedule 2 drugs may also get considered a felony, mostly if large quantities of this drug get found.

Simple Possession and Intentional Possession

The government usually automatically assumes the intention to sell or distribute drugs based solely on the defendant’s possession of a large amount of drugs. Even if a person’s motive is purely for personal purposes, a large sale can still presume the intention, that is, the state may overthrow a felony because the person poses a danger to others and the entire community.

If you or someone you know faces a drug possession charge, you can take immediate action to defend their freedom. Drug possession crimes charged with a felony can be fined $10,000 and imprisoned for many years.

Source: https://jsberrylaw.com/blog/when-is-drug-possession-considered-a-felony/

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*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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