Silverthorne Drug Crime Attorney
Skilled Criminal Defense Against Silverthorne Drug Crime Charges
As of March 1, 2020, it is a misdemeanor rather than a felony to possess up to four grams of certain controlled substances, such as cocaine, heroin, methamphetamine, or ecstasy. Nevertheless, Colorado can be tough on drug crimes. The most serious felony drug offenses are potentially punishable by a prison sentence of up to 32 years and fines of up to $1 million. If you are facing drug charges in Silverthorne, your best course of action is to speak with an experienced Silverthorne criminal defense attorney as soon as possible.
What Is a Controlled Substance Legally?
A controlled substance is a drug or chemical substance that is governed by law because of the likelihood of individuals abusing or becoming addicted to that substance. Possessing, manufacturing, or distributing a controlled substance without a prescription is prohibited by law. Common examples of controlled substances include heroin, methamphetamine, LSD, ecstasy, and cocaine.
Controlled substances are classified in five different categories or schedules under the federal Controlled Substances Act. Schedule I drugs are considered the most dangerous because they have no accepted medical use and a high potential for abuse. Schedule V drugs are the least dangerous with a currently accepted medical use and the lowest potential for abuse. Drug charges and potential penalties can depend on the type of controlled substance, the amount of the drug, and other factors.
What Are the Different Types of Drug Crimes in Silverthorne?
Drug crimes may be charged as misdemeanors or felonies, depending on the type and amount of drug and how and where it was used. Drug use or possession is usually a misdemeanor, but it may be charged as a felony if it involves more than four grams, or any amount of certain controlled substances. Drug sales and manufacturing are typically felony offenses and may be punishable by prison terms and large fines, depending on the schedule and quantity of drug, whether it was for personal use or for sale or distribution, whether you are considered a habitual offender or have prior drug convictions, and whether you are on probation or parole.
The seven different classes of drug crimes in Colorado and their penalties are as follows:
- Drug petty offenses are punishable by a fine of $100, plus 24 hours of community service for using marijuana in public.
- Level 2 drug misdemeanors carry up to 12 months in county jail and a fine of $50 to $750. Defendants charged with unlawful drug use typically get probation and a $500 fine.
- Level 1 drug misdemeanors are punishable by a jail term of six to 18 months and a fine of $500 to $5000. When the charge is simple possession, the court typically grants probation and a $1,000 fine.
- Level 4 drug felonies carry penalties of six months to one year in prison and/or fines of $1,000 to $100,000. With aggravating circumstances, the maximum prison sentence is three years.
- Level 3 drug felonies are punishable by two to four years in prison, or four to six years with aggravating circumstances, and/or a fine of $2,000 to $500,000.
- Level two drug felonies carry a prison sentence of four to 8 years, or eight to 16 years with aggravating circumstances, and/or a fine of $3,000 to $750,000.
- Level 1 drug felonies, the most serious drug crimes, are punishable by a prison sentence of eight to 32 years and/or a fine of $5,000 to $1 million. If there are aggravating circumstances the minimum prison term is 12 years.
If you have been accused of a drug crime in Silverthorne, it is important to take action to protect yourself. Contact Whitaker & Penix, LLC at (970) 368-0602 to get an experienced Silverthorne drug crime lawyer on your side.