Newport News Drug Lawyer
The severity of the penalty associated with drug crimes in Newport News, Virginia, often depends upon the details of your case. Generally, the type of drug, the quantity of drug, and what you intended to do with the drug determine what type of penalty you will be facing.
An experienced Newport News drug lawyer may be able to lessen the penalties against you while building a strong defense on your behalf.
Newport News Drug Crimes
Virginia Code Section 18.2-248 makes it unlawful for you to give, sell, distribute, or manufacture a controlled substance. Section 54.1-3401 defines a controlled substance as a substance that exists within Schedules I through VI. A Newport News drug lawyer can explain how the state treats these substances differently in enforcing drug laws in Virginia.
Newport News drug cases are typically heard in the General District Court of Newport News if it’s a misdemeanor. If it’s a felony, the preliminary hearing will be heard in the Newport News general district court but the trial will be heard in the Newport News Circuit Court. These are all located in the same building just on different floors.
Newport News drug cases are typically bench trails. In these types of cases, it is usually a gamble to go with juries, so these cases typically avoid jury trials.
The length of a drug trial usually depends on the type of case. A simple possession case typically is heard in court after about a month from the actual arrest. The hearing itself can take anywhere from five minutes to much longer depending on the particular approach each side has taken. More evidence generally results in a longer hearing. Regardless of the length of drug-related criminal case, having a Newport News drug lawyer by your side will streamline and organize the process.
In more complex drug offenses, it’s generally two to three months but if it’s something like the continuing criminal enterprise, a conspiracy case, then the case can go on for months and months and months.
- The substance has high potential for abuse.
- The substance does not have an accepted medical use in the United States.
- The substance has high potential for abuse.
- The substance has an accepted medical use in the United States. Abuse of the substance may lead to dependence.
- The substance has less potential for abuse than substances found in Schedules I and II.
- The substance has an accepted medical use in the United States.Abuse of the substance may lead some type of dependence.
- The substance has less potential for abuse than substances found in Schedule I and II.
- The substance has an accepted medical use in the United States.
- The abuse of the substance may lead some type of dependence.
- The substance has a low potential for abuse.
- The substance has an accepted medical use in the United States.
- The substance has a limited potential for dependence.
- Any compound or mixture containing any stimulant or depressant exempted from Schedules III, IV, or V.
Types of Offenses
- Drug Possession
- Marijuana Possession
- Possession With Intent to Distribute
- Drug Distribution
- Volume Dealer Charges
- Prescription Drug Offenses
- Drug Conspiracy
Drug Penalties in Virginia
If you are found to have manufactured, sold, given, distributed, or had possession with the intent to distribute a controlled substance under Schedule I or II, then you may be facing a felony conviction with a penalty of five to 40 years in prison and a fine up to $500,000.
However, if you have a prior conviction for this type of crime, you could see an enhanced penalty of five years to life in prison, with a mandatory three years in prison. The mandatory minimum will increase from three to 10 years in prison if you have two prior convictions for this type of crime making it more important that you retain an experienced Newport News drug attorney as soon as you can.
Further, you could be facing a penalty of a mandatory five-year prison sentence and a fine in excess of $1 million if the type of drug you manufactured, sold, gave, distributed, or had the intent to distribute was any of the following:
- Heroin (100 or more grams)
- Cocaine (500 grams or more)
- Methamphetamine (10 grams or more)
- Penalties for manufacturing, selling, giving, distributing, or possessing with the intent to distribute controlled substances within Schedules III through VI include:One to 10 years in prison (Schedule III)
- A class 6 felony conviction, which carries a penalty of one to five years in prison (Schedule IV)
- A class 1 misdemeanor, which carries up to 12 months in jail and/or a fine in excess of $2,500
Possessing a Controlled Substance
Possessing a controlled substance without the intent to distribute is still a crime in Newport News, Virginia. Section 18.2-250 prohibits knowingly possessing a controlled substance unless it was obtained using a valid prescription.
Penalties for Possessing a Controlled Substance
- One to 10 years in prison (Schedule I or II)
- Up to 12 months in jail and/or a fine in excess of $2,500 (Schedule III)
- Up to six months in jail and/or a fine in excess of $1,000 (Schedule IV)
- A fine in excess of $500 (Schedule V)
- A fine in excess of $250 (Schedule VI)
Possession of Marijuana
Marijuana is not contained within Schedules I through VI, however possession of the drug is still penalized through Section 18.2-250.1. If you are found to possess marijuana, you could face a potential penalty of up to 30 days in jail and/or a fine up to $500. If you have a prior marijuana possession conviction, your penalty stands to increase to up to 12 months in jail and/or a fine up to $2,500.
Hiring a Newport News Drug Lawyer
Drug crime cases can be complex. Your case could depend on many factors, including your intention at the time of arrest. Because of this, an experienced Newport News drug lawyer can help you by fully investigating the facts surrounding your case, ensuring that you will be standing behind a strong defense.
If you are currently facing a drug charge in Newport News, Virginia, and would like to consult with an experienced Newport News drug lawyer, please contact our firm.
