State and federal laws may vary because it covers multiple drug crimes. State laws may need their own focused approach and have their distinctive laws for each jurisdiction. If the state laws don’t contradict the federal laws, it’ll be implemented. Drug felony charges would usually end in longer and harsher sentences. Drug state charges have a short-term punishment which may even be as light as probation.
A crime that involves drugs is often charged as a misdemeanor or a felony. The charge will depend upon the quantity of a substance in possession of the drug involved within the case. There are other considerations of serious factors that determine whether the charge is leading to a felony. The high cost of a felony conviction is some factors that a defendant should attempt to avoid by working with a specialized drug defense attorney.
What are the determining factors of drug felony charges?
In situations where the crime is merely associated with possession of a lesser dangerous or small quantity of illicit substance, it can be charged as a misdemeanor. However, the convictions are raised to a felony when the drug involved in the case is taken into account. When it is more dangerous or if the person possesses an outsized drug quantity. Still, albeit the person only holds a little amount but has the intent to distribute it or violated other aggravating factors, the charge can still be considered a felony.
Kinds of Drug Charges
The laws involved in possession offenses may vary from every state. The differentiating factor would be the substance type involved, including quantity. Drug possession remains a criminal offense under both state and federal laws. An individual that has any illegal substance in possession with the intent to distribute is still liable for charges.
In possession cases, the intent of the defendant would often determine the conviction and the charges. The possession of a controlled substance with intent to deliver is determined by certain surrounding circumstances. Having the intent to sell, distribute, or deliver would be determined by the amount of drugs. If the illicit substance in possession is too large for a simple personal use is confiscated, then it would mean that there is an intention to deliver, distribute, or sell the substance.
Dealing sentences may differ from every jurisdiction. This drug charge is related to a lesser scale in the illegal trade of controlled substances. The conviction in this type of crime isn’t severe compared to larger trades unless the person is selling larger amounts. The severity of conviction in dealing charges is dependent on the quantity.
The dealing convictions are often worse compared to what a possession charge might receive. However, drug trafficking faces worse repercussions than dealing with convictions. The reason for this is the likelihood of production, distribution, and sale of prohibited substances. Unless the state laws specify otherwise, The sort of drug sold to the individual generally determines the conviction of a charge. The higher a drug is in the categories of drug schedules, the more severe the convictions will be. It is important to work with a dependable lawyer when facing any suspicions for dealing drugs.
Manufacturing or Delivery
Another drug crime is drug manufacturing which involves the production process of controlled substances. Delivering an illicit substance is additionally considered a crime under both federal and state laws. Conviction in this charge may cause jail time and fines.
Charges involving drug paraphernalia are about the production and sale of drug kits. These kits are used to prepare, produce, inject, inhale, or hide illegal substances. It’s against the law to export, import, and sell any type of paraphernalia.
The issue which will occur with paraphernalia cases is that a number of the equipment is meant to seem like it was made for legal uses. An example is when bongs have a false label that it’s used for tobacco. Even if the bong has a label, the person possessing it can still be charged counting on where the item is bought or the appearance of the apparatus.
Trafficking and drug distribution laws have made it illegal to move, import, export, or sell any controlled drugs like marijuana and cocaine. It’s considered a drug felony charge which may be a more serious crime compared to a drug possession charge since it includes the transportation of an outsized number of substances. Anyone charged with trafficking may face a sentence of life imprisonment.
Any person who gets entangled with any drug charge, especially a felony case, must seek professional help. The penalties of drug felony charges are severe which requires the expertise of a lawyer. A specialized drug defense lawyer can help the defendant navigate and undergo the justice system conveniently.