Factors that Could Affect Your Drug Possession Sentencing
Posted on August 14th, 2020 by Oddo & Babat, P.C.
If you have been charged with drug possession, you might wonder what the possible consequences may be. Although this can vary by state, your age, and other factors, there are general circumstances that can lead to harsher penalties. The following is an overview of drug possession charges and factors that could affect your sentencing.
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Drug Possession
Drug possession is a state and federal crime. Whether you are charged federally will depend on the nature of your case. Illegal substances include, but are not limited to cocaine, heroin, methamphetamine, LSD, and more. It may also be a crime to possess certain chemicals that are used to manufacture drugs, as well as select drug accessories.
The laws encompassing drug possession greatly vary depending on the amount of drug possessed, the location of the offense, and more. The more the amount, the more likely you will be charged with the intent to distribute. This charge is almost always a felony and will likely raise the severity of your sentencing.
For a prosecutor to find you guilty, they must be able to demonstrate the following:
- You knew about the drugs’ existence.
- You were aware the drug was illegal, or should have been aware.
Bear in mind, the drug does not necessarily have to be on your body to be charged with possession. Rather, if the prosecutor believes you had access to the location where a drug was being stored, and you were aware of this access, you may be charged with constructive possession.
Factors that Can Affect Sentencing
If you are convicted, you will be sentenced by a judge based upon the prosecutor’s recommendation. The penalties you receive will depend on many different factors.
These include:
- Whether federal or state officers arrested you.
- Whether you were accused of operating a criminal enterprise or operation.
- The amount of the drug – larger amounts usually lead to intent to sell charges.
- The type(s) of drugs you were arrested for.
- Whether you have a previous criminal record.
- Whether you were selling to minors.
- Whether you were using it while driving.
- Whether children were present at the time of your arrest (i.e. particularly if you were driving).
- Whether you were harvesting or manufacturing the drug.
There are many other factors that can impact your sentencing. Likewise, there are many possible defenses that can be utilized before a conviction is made by a judge. If you have been charged with a drug crime, you can expect the prosecutor to be working on your case. The sooner you ask a drug crime lawyer, like from May Law, LLP, to help you defend your case, the better. For a consultation with a drug possession lawyer, call a law firm today.
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