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Drug Charges

A Respected Criminal Lawyer for Those Facing Felony Drug Charges in Virginia

Virginia is known as being one of the toughest states in terms of drug crime punishments. If your case is not handled with care from the very beginning, you risk facing serious penalties, up to and including prison time. Some of the most common felony drug charges in Virginia are possession with intent to distribute (PWID), distribution of marijuana , distribution of a controlled substance and manufacturing a controlled substance.

The criminal lawyers of Robinson Law have handled countless felony drug cases in Fairfax and throughout Northern Virginia. Each drug case in Virginia has its own set of facts and unique circumstances, which is why consulting with a criminal lawyer for drug charges is essential to building the best possible defense for your case.

Criminal Lawyer for Possession of a Controlled Substance

Virginia categorizes controlled drugs into six “schedules.” Schedule I substances have the highest chance of abuse or addiction and provide no medicinal benefit. As the schedule numbers increase, the substances present a lower risk of abuse and provide greater medical benefits. However, no matter what schedule of drug, these cases are typically complicated and consulting with a Virginia criminal attorney is strongly recommended.

Penalties for illegally possessing a controlled substance vary according to the schedule of the drug and whether you’re charged with a first or subsequent offense. Below is a list of the penalties for simple possession in Virginia, based on the schedule of the drug:

Possession of a Schedule I Substance (Heroin, Ecstasy, LSD, GHB):

If you possess a schedule I controlled substance, you face a Class 5 felony, punishable by:

  • 1 to 10 years in jail; and
  • A fine of up to $2,500.
Possession of a Schedule II Substance (Methamphetamines, Cocaine, Morphine, Adderall, Ritalin, PCP):

If you possess a schedule II controlled substance, you face a Class 5 felony, punishable by:

  • 1 to 10 years in jail; and
  • A fine of up to $2,500.
Possession of a Schedule III Substance (Anabolic steroids, codeine and hydrocodone, some depressants):

If you possess a schedule III controlled substance, you face a Class 1 misdemeanor, punishable by:

  • Up to one year in jail; and
  • A fine of up to $2,500.
Possession of a Schedule IV Substance (Darvon, Talwin, Equanil, Valium, Rohypnol, Xanax, tranquilizers):

If you possess a schedule IV controlled substance, you face a Class 2 misdemeanor, punishable by:

  • A maximum of six months in jail; and
  • A fine of up to $1,000.
Possession of a Schedule V Substance (codeine-based cough medicines):

If you possess a schedule V controlled substance, you face a Class 3 misdemeanor, punishable by:

  • A maximum fine of $500.
Possession of a Schedule VI Substance:

If you possess a schedule VI controlled substance, you face a Class 4 misdemeanor, punishable by:

  • A maximum fine of $250.
Virginia Criminal Lawyer: Distribution of a Controlled Substance

Distribution of a controlled substance in Virginia is a felony offense, while possession with intent to distribute (PWID) may be either a misdemeanor or felony offense. Our criminal attorneys have represented both adults and juveniles who have been charged with distribution or selling cocaine, heroin, Adderall, marijuana, fentanyl, PCP and other drugs.

Distribution of a Schedule I or II Substance is a felony, carrying a punishment of:
  • Between five to 40 years in jail (with a possible life sentence for a subsequent offense); and
  • A maximum of $500,000.
Distribution of a Schedule III, IV or V Substance is a misdemeanor, carrying a punishment of:
  • A maximum of 1 year in jail; and
  • A fine of up to $2,500.
What Are The Best Defenses to Virginia Drug Charges?

The best defense to Virginia drug charges depends on the specific facts surrounding your arrest; however, one of the most common defenses involves challenging the recovery of the drugs through a motion to suppress. A motion to suppress is a pre-trial motion asking the court to exclude certain evidence from trial, usually on the basis that the evidence was seized in violation of your constitutional rights. For example, if a police officer stopped you without reasonable suspicion or probable cause, any evidence they recovered is inadmissible at trial. An experienced criminal defense lawyer can help you determine what defenses are available in your case.


Are You Facing Virginia Drug Charges?

If you were recently arrested and charged with a drug crime in Virginia, it is essential that you have an experienced attorney by your side at every step of the way. At the Robinson Law Firm, our lawyers are passionate about fighting for the rights—and freedom—of our clients and will do everything possible to ensure your arrest has as little effect on your life as possible. To learn more, and to schedule a free consultation, call (888) 259-9787. You can also connect with us through our online form.

Client Reviews
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Very excellent firm, I would definitely recommend their services to ANYONE looking to hire great representation in the Northern Virginia area. My son was charged with felony robbery and mob assault, which is now simple assault. This was my first time hiring an attorney and I have No regrets. If you are looking for excellent representation here you are. Tynesha B.
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Informative, responsive and helpful in handling a traffic case and getting fines reduced. The rates for retaining representation were very reasonable too. I highly recommend using their services! Leslie F.
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Not only did Mr lee reduce my charges, he also went beyond and filed a motion to the judge and obtained permission for me to travel. He was available whenever I had questions leading up to my case and always had a game plan. I am very satisfied with what he did for me. Marjan B.
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Quick response not only to my initial questions, but also in the follow up to my case. Robinson Law, PLLC team were excellent to work with. Thank you! Susan
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Very excellent firm, I would recommend anyone in the Northern Virginia area to obtain their services. Ben really helped me in hard times through my case and represented me the whole time time. He was very easy to get in touch with and diligent in his work. Now I finally have my life back and can move on to a better future. Thanks again for everything true life savers. Herbo T.