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Newport News Drug Crime Attorney
Defending Against Drug Crime Charges in Newport News City County
Serious drug crimes are punished more severely. First offenders, however, may be eligible for drug treatment court that involves treatment or education, community service, employment, and other court-ordered requirements.
In the face of any state or federal drug crime, retaining the services of a skilled defense attorney should be your first priority. At Ehrenworth Law, PLLC, we have worked on countless criminal cases involving every type of drug crime. Take advantage of our experience, skills, and commitment to providing you with an aggressive defense by calling our firm today.
Types Of Drug Crimes in Virginia
Common drug crimes include:
- Prescription fraud
- Possession with intent to distribute
- Cultivation or manufacture
- Sales and distribution
- Distributing to minors
- Distributing in certain areas, such as near schools, daycare facilities, or school buses
- Transporting drugs into the state
Federal Drug Schedules & Penalties
While some drugs are legalized by the state, it is important to note that drugs are also federally regulated and can come with enhanced penalties. This is especially true when transporting drugs between state lines, as that is considered federal jurisdiction regardless if both states have certain legalization laws, which could lead to a drug trafficking charge.
The following is a list of the major drug schedules & their penalty classifications:
- Schedule I & II - includes such drugs as heroin, cocaine, acid, LSD, cannabis, & ecstasy. This is charged as a class 5 felony with penalties of up to 10 years in prison & fines of up to $2,500. Those with prior convictions will face steeper penalties.
- Schedule III - includes such drugs as Vicodin, Dilaudid, Demerol, OxyContin, Fentanyl, Dexedrine, Adderall, & Ritalin. This is charged as a class 1 misdemeanor with penalties of up to 1 year in prison & fines of up to $2,500.
- Schedule VI - includes such drugs as Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, & Tramadol. This is charged as a class 2 misdemeanor with penalties of up to 6 months in prison & fines of up to $1,000.
Marijuana possession is charged as follows:
- Under ½ ounce is a misdemeanor punishable by up to 30 days in jail and a fine of $500
- More than ½ ounce may be charged as intent to distribute, a felony punishable by two to 10 years in prison and a fine of up to $2,500
The state of Virginia takes a tough stance on drug crimes. While the legalization of both medical and recreational marijuana is trending in many states, Virginia still prohibits its possession along with other controlled substances based on its drug schedule. Depending on the circumstances of your case, a drug arrest could be charged as a misdemeanor or felony and carry a variety of penalties.
Defenses Against Drug Crime Charges
In the state of Virginia, there are various defenses that can be employed against drug crime charges. Here are some common defenses that can be used:
- Unlawful search and seizure: Evidence obtained during an illegal search or seizure without a warrant or probable cause may be inadmissible in court.
- Lack of possession: The prosecution must demonstrate that you held constructive or actual possession of the illegal substance. If they cannot confirm that you were aware of the presence of the drugs or that you had control over them, it can weaken their case.
- Entrapment: If law enforcement officers coerced you into committing the offense that you would not have otherwise committed on your own, an entrapment defense may be useful.
- Illegal stop or arrest: If police officers violate Fourth Amendment rights by performing an illegal stop or arrest, any evidence acquired as a result may be suppressed.
- Lack of intent to distribute: If you are charged with drug distribution, the prosecution must prove that you had the specific intent to distribute the drugs. The ability to prove intent can be challenged.
- Mistaken identity: If there is reasonable doubt regarding your identity as the individual involved in the crime, you may be able to challenge the accuracy of the identification.
Keep in mind that each case is unique, and the success of these defenses will be dependent on the specific circumstances and evidence that is involved. Work with a skilled drug crime lawyer, such as Scott Ehrenworth, who can evaluate your case, develop a solid defense based on the facts surrounding your case, and protect your rights throughout the legal process.
Contact Our Drug Crime Lawyer in Newport News Today
At Ehrenworth Law, PLLC, we understand that facing drug-related charges can be an overwhelming and stressful experience. If you're in Newport News, VA, and need experienced legal representation, our drug crime lawyer is here to help. With a deep understanding of Virginia's drug laws and extensive experience in defending clients against these charges, we are committed to protecting your rights and reaching the best possible outcome for your case. Whether you're facing charges related to possession, distribution, trafficking, or any other drug-related offense, our firm is ready to deliver you with an aggressive and strategic legal defense. Your future is important to us, and we are determined to help you navigate the complex nature of drug crime charges with confidence. Contact Ehrenworth Law, PLLC, today to schedule a free case review, and let our Newport News drug crime attorney fight for your rights and freedom.
Contact Ehrenworth Law, PLLC, today to get started on your defense with our Newport News drug crime attorney.