Leesburg Drug Lawyer
Virginia’s drug laws are known for being among the most stringent in the nation even with marijuana being decriminalized. People who are convicted of drug offenses could face severe penalties such as high fines and lengthy prison sentences. If you or a loved one has been charged with a drug crime, securing dedicated legal representation could improve your chances of a favorable outcome.
A Leesburg drug lawyer could give you more information about the laws pertaining to your charges. An experienced criminal attorney could defend your rights and potentially seek a reduction or dismissal of your charges.
Classification of Drugs in Leesburg
The state’s law classifies drugs into six different categories or schedules. Schedule I drugs such as lysergic acid diethylamide (LSD) present a very high likelihood of exploitation by users and do not serve any known healthcare purpose. These drugs are listed under Code of Virginia § 54.1-3446.
Schedule II Drugs
According to Va. Code Ann. § 54.1-3448, Schedule II drugs are also very likely to be misused but serve a purpose for certain types of medical treatment. Examples of these types of drugs may include morphine or oxycodone.
Schedule I and II drugs are treated the same way in Virginia, and simple possession is a felony offense.
Schedule III and IV Drugs
Schedule III and Schedule IV drugs are less likely to influence addiction, and include substances that are widely used for healthcare purposes. Codeine is a common example of a Schedule III drug, while barbital is Schedule IV.
Schedule V and VI Drugs
Schedule V and VI drugs present the least risk of addiction. Certain types of expectorants may fall into the Schedule V drug category. However, substances like butyl nitrate are classified as Schedule VI.
A local attorney who is familiar with drug cases could help a person understand how this classification system might impact their sentencing.
Drug Possession Penalties
The sentence attached to a possession charge depends on the schedule of the drug. Possession of either a Schedule I or II drug is a Class 5 felony. Someone who is convicted for possession of a Schedule I or II drug could face a maximum jail term of 10 years and fines as high as $2,500.
Possession of Schedule III through Schedule VI drugs is a misdemeanor offense, with maximum jail terms from six months to one year. The fines for these offenses range from $250 to $2,500.
Marijuana possession with intent to distribute is still a misdemeanor offense if a person is found with less than half an ounce of the drug. If someone is caught with more than half an ounce, they could be charged with a felony. A nearby lawyer could explain the penalties for a specific drug possession charge.
Drug Distribution Penalties
The penalties for distribution of a controlled substance vary significantly based on the schedule the drug falls into and the amount of the substance involved. For example, if someone is convicted of distributing a Schedule I or II drug, they could be forced to pay fines as high as $500,000 and face incarceration up to 40 years.
The consequences could be more sever depending on the quantity of the drug being distributed. Distribution of 100 grams or more of heroin carries a maximum fine amount of $1 million and a maximum jail sentence of lifetime incarceration.
Distribution of Schedule III or IV drugs carry maximum jail terms of 10 years and five years, respectively. Fines may also apply. Anyone accused of this type of crime should speak with a drug lawyer who could help protect them from severe penalties.
Get in Touch with an Experienced Leesburg Drug Attorney About Your Case
If you are facing charges for an alleged drug offense, you may need an experienced Leesburg drug lawyer on your side. An attorney could stand up for your rights in court and ensure you get the representation you deserve. Call now to schedule your confidential case consultation.