NEWS
Top Factors Affecting the Severity of Drug Criminal Charges
More than 1.6 million U.S. citizens are arrested each year for drug-related offenses. The consequences of the ensuing convictions can vary greatly based on several aggravating factors, including the circumstances of the crime, the drug involved, and the criminal background of the accused.
The legal ramifications of holding controlled substances can include anything from prison, fines, probation, home detention, court-ordered treatment, and loss of other freedoms.
Drug-related offenses are taken seriously and can affect your relationships and future employment prospects. Therefore, it is vital to gather pertinent information related to these offenses to give you a better chance at fighting the charge.
In that regard, here is everything you need to know about drug-related criminal charges, including some factors taken into consideration when rendering a verdict.
What Is Drug Possession?
Drug possession implies a situation where a person has control or custody of controlled substances or has the substances in a place that gives them the ability, right, or power to take the drugs into their custody.
Therefore, law enforcement can charge you with drug possession in three instances:
● Actual possession: Actual possession implies that the drugs are in your physical possession, such as in your pocket.
● Constructive possession: Constructive possession is less clearly defined. Generally, law enforcement can charge you with drug possession if the drugs in question are somewhere you have easy access to. This can include your vehicle, residence, or another convenient place, such as your gym locker.
However, for a successful conviction, law enforcement must prove to the court that the drugs were clearly within your control.
● Joint possession: This is an extension of both actual and constructive possession, typically involving two or more parties. Joint possession convictions mainly occur when drugs are found in a shared space and the parties involved have constructive possession. You can also be charged for joint possession if you contributed money for the purchase of the drugs.
What Factors Affect Drug Criminal Charges?
Some of the most common factors taken into consideration when rendering a drug-related conviction include:
The Quantity of the Drugs Involved
The amount of drugs you’re caught with greatly influences your sentencing. For instance, getting caught in jurisdictions like California may attract a maximum sentence of one year for Schedule I, II, III, and IV controlled substances.
Conversely, simple possession of a small amount of drugs might not get you formal charges in more lenient states like Oregon. Instead, you may receive a citation and pay a fine.
The severity of charges increases with the amount you’re caught with. Therefore, a larger amount, say a pound of heroin, may result in longer jail terms and court fees.
If a Minor Was Involved
If a minor is present during the time of your arrest or took part in the offense, this could aggravate the situation. Moreover, besides the drug-related charges, you can also be charged with child endangerment, depending on the circumstances.
If a Weapon Was Used
If a weapon, such as a firearm, is present at the time of arrest, this could further aggravate the situation, leading to enhanced charges. This notion stands even if the gun was not fired. The situation becomes even more serious if the weapon is used to kill or injure someone. In this case, you could face more severe violent crime charges in addition to drug charges.
Where the Drug-Related Offense Took Place
Areas like schools are considered drug-free zones. Therefore, getting caught with drugs within 1,000 feet of a school may attract harsher penalties. The penalties may be even harsher if you’re caught manufacturing drugs and could include felony charges.
The same applies to transporting drugs across any state or national lines. In such situations, the offenses span multiple jurisdictions and may attract federal charges.
Purpose of the Drugs
What you are doing or were planning on doing with the drugs at the time of arrest plays a major role in determining the severity of conviction. This can include anything from simple possession to more serious crimes like manufacturing, distribution, and cultivation of controlled substances.
The severity of the potential conviction increases with the seriousness of the crime, with simple possession attracting the lowest sentence and more serious crimes, like manufacturing and distribution, attracting steeper convictions. Law enforcement can also charge you with a combination of charges, resulting in compounded penalties.
The Bottom Line
Drug-related convictions account for a significant percentage of all imprisonments. These convictions are complex and take many factors into account, including the ones discussed above. When arrested for a drug-related offense, it is advisable to call your lawyer immediately so they can advise you on the best course of action.
