Criminal drug charges can be tough to deal with. In the state of Virginia, a simple possession conviction can land you in jail for up to one year. In some cases, you can simply be in the wrong place at the wrong time. You could have been holding a bag for someone at one moment, and the next you're being charged with drug possession.
The state treats drug charges very seriously. If you are charged with drug possession in Virginia, the prosecutor will do everything in their power to prosecute you to the fullest extent of the law. In fact, current crime reports reveal that 86.82% of drug offenders in Virginia go to prison. For this reason, it's extremely important that you contact an experienced criminal defense attorney as soon as possible rather than hoping for the best with a public defender.
Each state has its own unique rules and regulations when it comes to classifying illegal substances. In Virginia, the six schedules of drug classification are as follows:
It's important to understand Virginia's drug classification system, as the type of drug you are being associated with can have a large impact on the penalties you may face. An experienced criminal defense attorney can fight to have those penalties reduced or dismissed.
The Drug Code of Virginia states that it is unlawful for any person to knowingly possess a controlled substance. However, you are exempted if you have obtained the drug through a valid prescription.
The classification of the drug will affect the seriousness of the drug possession charge that you may face. Possession of Class I and Class II is the most serious, and you may be charged with a felony. Possession of Class III to Class VI drugs is considered a misdemeanor.
The penalties per drug class are as follows:
You may also lose your driver’s license if you are charged with drug possession in Virginia.
You face larger penalties if it can be proved that you had the intention to distribute the drugs in your possession. The Code of Virginia §18.2-248 prohibits the manufacturing, selling, giving, distribution, or possession with the intent to sell and distribute a controlled substance. The punishment, when convicted for drug possession with the intent to distribute, is as follows:
The intent to distribute can be established based on the following factors:
Other possible charges include drug possession with the intent to sell, possession of drug paraphernalia, and possession of marijuana.
There are a number of different factors that can have a significant impact on the penalty that you might face. That’s why it is crucial to seek legal help immediately if you have been arrested for drug possession in Virginia. An experienced criminal defense lawyer can review your case, explore your options, and help you pursue the best possible outcome for your situation.
Drug charges can result in lengthy prison time and hefty fines. You should never have to fight them on your own. E. Gordon Peters Jr., Attorney at Law is here to defend your rights. Gordon is an experienced criminal defense attorney who is dedicated to helping the accused navigate the criminal justice system. If you live in Amherst County, Campbell County, Bedford County, or Nottoway County, reach out now to schedule an appointment.