Written by Canterbury Law Group

What is a Felony Drug Charge?

What is a Felony Drug Charge

When it comes to felony drug charges, they are much more severe than average drug crimes. Federal and state criminal laws state that felony charges have a prison sentence of more than one year along with hefty fines. However, misdemeanor charges will have a small jail sentence and lower fines. Felony drug charges get considered to be serious criminal charges.

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.

Felony Drug Charge

When it comes to a drug charge, the difference between a misdemeanor and a felony will depend on different things. That could include factors like:

  • If the drugs were trafficked or sold
  • The type of drugs involved
  • The amount of drugs

The one question that people tend to have is if drug possessions are a felony. The answer to this is that drug possession can be either a felony if the type of drug is found in large amounts while it can be a misdemeanor if it is just a small amount that is being personally used.

In many cases, distributing, trafficking, or selling drugs is labeled as a felony for most state laws. That is because there is a more significant potential for people to be affected or harmed by distributing the drug. Although, there are times when a person has a drug that is over a certain amount, and it can get seen as intent to sell and not for personal use.

Felony Drug Charge Examples

A felony drug charge can involve different types of conduct. Some examples of felony drug charges can be:

Selling drugs: selling drugs could cause a felony charge. When a person has a large amount of a specific substance, it could cause law enforcement to assume that drugs were getting held to sell eventually, which gets labeled as possession with intent to sell.

Drug trafficking: Whenever illegal or drugs get transported, it gets labeled as drug trafficking. Even though these drugs may not get sold, just transporting them can cause a felony charge. That is especially true if large amounts of drugs are getting moved. The charges could increase if the drugs have gotten trafficked across state lines.

Possession of controlled substances: When a person has some drugs, it could cause a felony charge. The type of drug and the amount of the drug depends on state and federal laws. For example, drugs like marijuana will need high amounts to get a felony charge. Yet, other drugs like cocaine need only a small amount to be a felony charge.

Just as mentioned before, the drug type can determine if the drug crime is a felony. Drugs get classified into schedules. A Schedule I drug will be a substance that little potential for medical use and high risks.

However, a Schedule V drug will be one that has the potential for a lot of different uses and low risks. If a person is the possession of a Schedule I substance or drug, then they can get a felony charge.

Contacting an Attorney if Facing Felony Drug Charges

A felony drug charge can cause significant consequences. You may find that it is best that you consult a criminal attorney in your area if you may be facing a drug charge. The attorney will be able to provide legal advice as well as help to build a case for a trial.

Source: https://www.legalmatch.com/law-library/article/felony-drug-charges.html

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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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