Drug crimes are relatively common and range in severity from misdemeanors to felonies. If you’ve been charged with drug crimes, you need to contact an attorney right away. Due to the nature of the crime, prosecutors often pursue these cases aggressively. Whether the drug crime you are accused of is a felony or a misdemeanor is relative to the types of penalties you may face, it’s important to realize that either type of drug charge can have a significant impact on your life and future. Drug crimes can result in severe criminal penalties, even for first-time offenders. With the help of a criminal law attorney, you can navigate the legal system and make choices that are best for your case quickly and easily. In addition to obtaining representation, it’s important that you have a basic understanding of drug crimes and the penalties you may be facing.
What are Drug Crimes?
When prosecutors evaluate drug crimes for potential charges, three main factors are considered. The three factors include possession, distribution, and use. It’s important to realize that the severity of drug crimes you are facing is based on several additional factors as well including the type and amount of drug related to your charges. Other factors that affect the severity of drug crimes include whether you were selling drugs or intending to traffic the drugs you are accused of possessing.
A person can also be charged with drug crimes if they manufacture or transport illegal substances. In most cases, the defendants involved in transporting or making drugs will also face additional drug charges, which can increase the fees and penalties associated with the crime.
Types of Drug Crimes
The criminal law regarding drug crimes is extensive and complicated. Below are the most common types of drug crimes.
- Possession of marijuana
- Prescription forgery
- Possession of crack, cocaine, ecstasy, heroin, or other illegal drugs
- Distribution of prescription drugs
- Drug trafficking
Due to the complicated nature of drug laws, a defendant could face a variety of charges from the list above and additional charges as well.
Classification of Drugs
In addition to the type of drugs, the classification of the drug also contributes to the type and severity of charges. A general overview, of drug schedules, are listed below.
- Schedule 1: Very addictive substances that have no accepted medical use
- Schedule 2: Highly addictive substances that may have accepted medical uses.
- Schedule 3: Addictive substances that have the potential to create physical/psychological dependence; but are also regularly and widely used to treat medical conditions.
- Schedule 4: Includes tranquilizers, sedatives, and any other depressants.
- Schedule 5: Includes medications such as cough medicines.
When prosecutors are determining the severity of drug crimes against a defendant, they will also consider whether the possessed drugs falls into one of the following categories.
- Narcotic preparation
- Dangerous depressant
If the drug falls into any of these categories, more serious charges could be filed.
Drug Crime Penalties
Under the legal system, several penalties could be enforced for drug crimes. When deciding penalties for the offense, the information provided above will be considered. Examples of penalties that could be enforced include:
- Drug abuse treatment programs
- Community service
Drug Crime Defenses
If you have been accused of drug crimes, you need to discuss all of the details regarding your case with a criminal lawyer. When you do this, the attorney can examine all of the evidence against you, and look for any inconsistencies or changes for a defense when they arise. Examples of defenses that have been used in drug crime cases include personal use. Alternatively, if drugs were found as part of an unlawful search, your lawyer may be able to have the evidence suppressed, which means it can’t be used against you in court. With a viable defense, a defendant could see a reduction in charges or dismissal of charges altogether.
Drug Crime Defense Attorney
If you’ve been accused of drug crimes in New York or New Jersey, you should contact Yampaglia Law. With a criminal defense attorney representing you in court, you have a better chance of defending yourself. When you contact Mr. Yampaglia, you can expect a fair and honest evaluation of your case. Contact him today to see what he can do for you!
IF YOU HAVE BEEN ACCUSED OF A DRUG CRIME, CONTACT US TODAY!