Determining Factors That May Lead To Drug Felony Charges
State and federal laws may vary as it covers multiple types of drug crimes. State laws might have their own focused approach and differ for every jurisdiction but as long as it does not conflict with federal laws, it will be implemented. Drug felony charges would usually result in longer and harsher sentences. Drug state charges have a short-term punishment which can even be as light as probation.
A crime that involves drugs can be charged as a misdemeanor or a felony. The charge will depend on the amount of substance in possession of the type of drug involved in the case. There are other considerations of significant factors that determine whether the charge is a felony or not. The high cost of a felony conviction is something that a defendant should try to avoid by working with a specialized drug defense lawyer.
What are the determining factors of drug felony charges?
In situations where the crime is only related to possession of a less dangerous or small quantity of drugs can be charged as a misdemeanor. However, the charges are raised to a felony when the drug involved in the case is considered more dangerous or if the person possesses a large number of illicit drugs. Still, even if the person only holds 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 That May Lead To Drug Felony Charges
- Repeat offender
- Possessing illicit drugs in public places such as pools, parks, housing units, and many more.
- Possessing the illicit drug within or near a drug rehabilitation facility.
- Possessing illicit drugs near school grounds.
- Possessing the illicit drug in the presence of a minor under the age of 18 years old.
Types of Drug Crimes
Possession
The laws involved in possession offenses may vary from every state. The differentiating factor would be the type of substance involved, as well as the quantity. Nonetheless, drug possession is still a crime under both state and federal laws. A person caught having an illegal drug in his or her possession with the intent to distribute will face severe charges.
Paraphernalia
Charges involving drug paraphernalia are about the type of equipment that is used to produce, prepare, inhale, inject, or hide illicit drugs. It is against the law to import, export, or sell any type of drug paraphernalia. Some examples of paraphernalia include:
- Pipes
- Rolling papers
- Syringes
- Bongs
The issue that may occur with drug paraphernalia is that some of the equipment is designed to look like it was made for legal purposes. An example is when bongs include a false label that is used for tobacco. Even if the bong has a label, the person possessing it can still be charged depending on where the item is bought or how the equipment looks.
Trafficking
Trafficking and drug distribution laws have made it illegal to transport, import, export, or sell any controlled substances such as marijuana and cocaine. It is considered a drug felony charge which is a more serious crime than a simple drug possession charge since it involves the transportation of a large number of drugs. Anyone charged with drug trafficking may face a sentence of three to a life jail term.
Manufacturing or Delivery
Another drug crime is drug manufacturing which involves any production process of an illicit drug. Delivering an illicit drug is also considered a drug crime under both federal and state laws. Conviction in this charge can lead to jail time and fines.
Dealing
A drug-dealing charge refers to the trade of selling illicit drugs but on a smaller scale. It is essential that dealing and trafficking vary from every state. The punishment for this crime is not severe unless it is selling larger amounts. The severity of the punishment for this crime depends on the amount of the drug.
Any person who gets entangled with any drug charge, especially a felony case, must seek professional help. The penalties of drug crimes are severe which calls for the assistance of a legal expert. A specialized drug defense attorney can help the defendant navigate and go through the justice system conveniently.
If you are looking for a reputable defense lawyer. Stockmann Law has years of hands-on experience in dealing with criminal defense cases. You can visit them at 6035 Binney Street Suite #200, Omaha, NE 68104. You can contact them via telephone at (402) 884-1031, or visit their website at http://nebraskainterstatedrugdefense.com