Drug Charges
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 SubstanceVirginia 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.
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.
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.
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.
If you possess a schedule V controlled substance, you face a Class 3 misdemeanor, punishable by:
- A maximum fine of $500.
If you possess a schedule VI controlled substance, you face a Class 4 misdemeanor, punishable by:
- A maximum fine of $250.
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.
- A maximum of 1 year in jail; and
- A fine of up to $2,500.
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 (703) 844-3746. You can also connect with us through our online form.