If you are arrested for a drug related offense, you need to know what you are facing, and this starts with figuring out the exact charges against you. Some drug charges are misdemeanors, while other cases are classified as felonies. Likewise, there is a host of different charges, ranging from possession charges to more serious charges, like possession with intent to distribute.
The way your case is classified depends on the following things:
• The amount of substance involved.
• The type of substance involved.
• Whether you have a prior record.
Generally speaking, a possession charge is made when the defendant has a controlled substance on their person, and the prosecution is able to prove that the defendant knew or should have known the substance was on their person and that they had control over the substance. This is easiest for the prosecution to do when the drugs are found on your person, rather than in a location related to you. You could also be charged with possession if drugs are found in your car or home. If you have enough control over your house or car and drugs are found there, there is a chance you will be charged with possession.
There are number of factors that determine if the charge will be a misdemeanor or a felony. One of the most important factors is the amount of drugs found and what type of drugs were found. Possession of under 20 grams of marijuana, for example, is classified as a misdemeanor, while possession of cocaine falls into the felony category. The distinction is important, because the range of punishment is less for misdemeanor cases than it is for felonies.
There are also classifications within the categories of misdemeanor and felony. As you might expect, the more severe the degree of charge filed, the more severe punishment you face. If you have been arrested for a drug related offense, call us for help. We will work with you to develop a defense strategy that is the most likely to minimize the impact drug charges can have on your life.
Contact our office for answers to your questions about drug defense. Let an experienced criminal defense attorney in Key West help you today. We offer initial consultations by phone, and we are always just a call away.