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DRUG CRIMES ATTORNEY IN LYNCHBURG & BLACKSTONE, VIRGINIA

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.

Virginia Drug Classification

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:

  • Class I: Includes the most dangerous and addictive drugs without any medical purpose, such as ecstasy, LSD, and heroin.
  • Class II: Drugs with a high potential for abuse and dependency but still have medical uses. These drugs include cocaine, morphine, and fentanyl.
  • Class III: Drugs with a lesser potential for abuse and dependency and regular medical uses. Examples include anabolic steroids, depressants, and codeine.
  • Class IV: Prescription drugs with risks of dependency and abuse, such as Xanax, Valium, and other tranquilizers.
  • Class V: Medical drugs that carry a small risk of abuse.
  • Class VI: Covers other stimulants not included in the first five classes.

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.

Penalties for Drug Possession in Virginia

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.

Penalties per Drug Class

  • Class I and Class II: Sentence of up to 10 years, or one-year sentence and a fine up to $2,500.
  • Class III: Sentence of up to 12 months or a fine up to $2,500 or both.
  • Class IV: Sentence of up to 6 months or a fine up to $2,500 or both.
  • Class V: Fine up to $500.
  • Class VI: Fine up to $250.

You may also lose your driver’s license if you are charged with drug possession in Virginia.

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Drug Possession With the Intent to Distribute

A felony is a serious crime that attracts harsher punishments. As defined by statute, felonies are punishable by imprisonment in a state or federal prison for a minimum of one year, a possible fine, and (depending on the nature of the crime) the death penalty. Examples of a felony crime include:

  • Murder
  • Aggravated malicious wounding
  • Burglary
  • Forgery
  • Wobbler offenses

For the purpose of sentencing, felonies are organized into six different classes (Code of Virginia § 18.2-10):

  • Class 1 Felony: Punishable by the death penalty, or life imprisonment and a fine of up to $100,000.
  • Class 2 Felony: Punishable by 20 years to life in prison and a maximum fine of $100,000.
  • Class 3 Felony: Punishable by anywhere from five to 20 years in prison and a maximum fine of $100,000.
  • Class 4 Felony: Punishable by anywhere from two to 10 years in prison and a maximum fine of $100,000.
  • Class 5 Felony: Punishable by anywhere from one to 10 years in prison, or confinement in county jail for up to 12 months, and a maximum fine of $2,500.
  • Class 6 Felony: Punishable by anywhere from one to five years in prison, or confinement in county jail for up to 12 months, and a maximum fine of $2,500.

Note: Virginia has recently enacted a sweeping reform to Criminal Law and Punishment which may change the nature of charges and punishment. Some felonies are now misdemeanors. Always check with a Virginia Criminal Attorney to find out about new laws.

Why You Should Seek Legal Help Immediately

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 CRIMES DEFENSE ATTORNEY SERVING LYNCHBURG AND BLACKSTONE, VIRGINIA

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.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.