Factors Leading to Drug Felony Charges

Factors Leading to Drug Felony Charges

State and federal laws may vary because it covers various drug crimes. State laws carry their own focused approach and differ for each jurisdiction but as long it doesn’t come in conflict with federal laws, a state can implement it. Drug felony charges would usually end in longer and harsher sentences. Drug state charges have a short-term punishment which may have 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 the substance in possession, as well as the kind of substance involved in the charges. There are various factors that can determine whether the drug charge may be a misdemeanor or felony The high cost of a felony conviction can alter a person’s whole life. This is why a defendant must ensure to work with a drug defense attorney that can assist him or her when handling drug felony charges.

What are the factors that lead to drug felony charges?

In situations where the crime is merely associated with possession of a lesser dangerous or small quantity of illicit drugs are often charged as a misdemeanor. However, the stakes are raised to a felony when the drug involved within the case is taken into account is more dangerous or if the person possesses an outsized number of illicit drugs. Still, if the person only holds a little amount but has the intent to distribute it or have violated other aggravating factors, it can still be considered a felony.

Aggravating Factors Leading to Drug Felony Charges

• Repeat offender
• Possessing an illicit drug on a public place like a pool, parks, housing units.
• Possessing the illicit drug within or nearby a drug rehabilitation facility.
• Possessing illicit drugs near school grounds.
• Possessing the illicit drug within 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 drugs involved, also because of the quantity. Drug possession is considered a criminal offense under federal and state laws. A person that is caught with an illegal substance in his or her possession with the intent to deliver or distribute will face harsh penalties.

Paraphernalia

Charges involving drug paraphernalia is about the kind of drug kit that's used for the drugs to get into the body. It's against the law to import, export, or sell any drug paraphernalia. Some samples of paraphernalia include:

• Pipes
• Rolling papers
• Syringes
• Bongs

The issue which occurs with drug paraphernalia is that a number of pieces of equipment are meant to seem like it was made for legal purposes. An example of this when a bong is falsely labeled to be used for legal purposes like tobacco. Even if the bong is labeled for legal uses, the individual owning it may still be charged based on where the bong was bought or how it looked.

Trafficking

Trafficking and drug distribution laws have made it illegal to move, import, export, or sell any controlled substances like marijuana and cocaine. It's considered a drug felony charge which may be a more serious crime than an easy drug possession charge since it involves the transportation of an outsized number of illicit drugs. Anyone charged with drug trafficking may face a sentence of three years to a life jail term.

Manufacturing or Delivery

Another drug crime is drug manufacturing which involves any production process of a drug. Delivering an illegal drug is considered a drug crime under both federal and state laws. Convictions related to the delivery and manufacturing of illegal substances can lead to jail time and fines.

Dealing

A dealing charge involves the selling of illegal drugs but with small quantities only. It's vital to remember that dealing and trafficking charges differ in every state. The punishment for this crime isn't severe unless it involves selling larger amounts. The severity of the punishment for this crime depends on the quantity 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 involves the help of an experienced lawyer. A specialized drug defense lawyer can help the defendant navigate and undergo the justice system conveniently.