Virginia Beach Possession of Narcotics Attorney

Unless they are prescribed by a doctor, certain narcotics are illegal in all fifty states, and individuals who are found to be in possession of these substances can be charged with a felony or misdemeanor offense. The laws in Virginia are particularly tough, and even a small amount of some drugs can be grounds for felony possession charges. If you have been charged with possession of narcotics in Virginia Beach, you should contact an experienced criminal defense attorney immediately to begin planning your defense.

Although the term is most often associated with illegal drugs, many prescription medications are also classified as narcotics. Many prescribed stimulants and barbiturates, including those commonly used to treat ADD/ADHD and sleeping disorders, are controlled substances. Illegally possessing these medications (in other words, not having a prescription for them) may therefore lead to criminal charges.

The exact penalties you may face for a possession of narcotics charge will largely depend on two things—the type of drug and the quantity. The state of Virginia uses the Controlled Substance Act (CSA) to determine which drugs warrant the most severe criminal charges. As a federal drug classification system, the CSA groups narcotics into five different categories, or schedules, based on the drug’s potential for abuse, medical use, and overall safety.

Under Virginia law, possessing Schedule I or Schedule II narcotics is a felony offense, with Schedule I drugs resulting in the most severe penalties. Heroin, marijuana, ecstasy (MDMA), peyote, and other opiates are some of the most common examples. Schedule II drugs, on the other hand, include cocaine, Ritalin, methadone, Adderall, morphine, and codeine.

For possession of a Schedule II drug, your sentence may include up to two years in prison, and/or a $2,500 fine. Schedule I substances, on the other hand, can lead to a 10-year prison sentence, in addition to a $2,500 fine.

Although classified as a Schedule I drug, the penalties for marijuana possession are less severe than other drugs in this category, with misdemeanor charges being applied in most cases. The sentence for a misdemeanor offense may include a fine of up to $1,000, and imprisonment for no more than six months.

In cases involving a small quantity of narcotics, you will most likely be charged with simple possession of narcotics. However, larger quantities can lead to additional charges, such as intent to distribute or possession with intent to sell.

Fortunately, there are many defenses that can be used to challenge your possession of narcotics charge. If the prosecutor cannot prove the exact drug you were in possession of, your case may be dismissed. Likewise, if the officer did not have reasonable cause to search you or your vehicle, the charges may not hold up in court. To determine the best defense strategy for your case, contact attorney Michael C. Tillotson today. Your initial consultation is free.