Contact Us For Simple Possession WV And Other Related Drug Charges
How Do Our Attorneys Handle Simple Possession WV?
A simple possession WV charge is a serious charge that can result in jail time, fines, and a criminal record. If you have been charged with drug offenses, it is important to talk with a criminal defense attorney as soon as possible. TKC Law provides strong legal services for various types of crimes charged in Morgantown West Virginia and other states. If you have been arrested after possession a controlled substance, the conduct could potentially fall under the category of drug abuse or drug trafficking which falls under section 60a 4 401.
If it does not, then it would be categorized as simple possession and you may be eligible for conditional discharge. The penalties for these two crimes are different which is why having the facts about your situation examined by a criminal defense lawyer is a must if you wish to minimize the repercussions that may follow such an arrest and conviction. Generally speaking, there are several types of drugs listed in Chapter 64 of West Virginia law governing controlled substances. These include but are not limited to: cocaine, heroin, marijuana charges (weed), methamphetamine (meth), LSD and MDMA among others.
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West Virginia Drug Laws Penalties – What Are You Facing?
The legal classification and penalties for drug possession in Morgantown West Virginia depend on the type of drug you have been accused of possessing. However, simple possession is a misdemeanor if it relates to a personal use quantity of a substance listed as a schedule I or II controlled substance (described above). The drug crime can result in one year imprisonment and fines. Even though it is punishable under this provision, in most cases, simple possession will usually be charged as a felony which carries incarceration from 1-10 years and fines up to $15000 dependent upon the substance involved.
Possession of a controlled substance with intent to deliver results when someone intends to sell or deliver drugs or a prescription drug defined by law. This is the same penalty generally received when trafficking drugs in West Virginia adding that are several other circumstances which could raise the charges to trafficking as well. A term of imprisonment from 5-15 years and fines up to $25000 are the punishment under this provision. However, if a person is accused of possession with intent to deliver drugs at or near an elementary school, junior high or high school then it would result in 3-15 years imprisonment and fines up to $40000.
Your Morgantown Drug Possession Attorney
If you have been charged with the crime of drug abuse (possession) for either a personal use quantity or for smoking weed on private property in Morgantown WV (which is decriminalized), your charge will be reduced to misdemeanor status as per Chapter 60A section 20-209 in West Virginia code. This provision also includes possession for other sorts of personal use or internal possession such as keeping a very small amount of cocaine on your person. As misdemeanor drug abuse acts, your sentence will not include any jail time and will be punishable by fines only. However, this is contingent upon the fact that you have no prior conviction involving drugs. In addition to classifying the crime as either a felony or misdemeanor, West Virginia law provides several factors which could result in penalties being imposed as enhancements perhaps making it more likely that you would actually receive some jail time rather than just fines for simple possession cases. These generally include (but are not limited to):
Your age – If the defendant’s at the time of your offense was age 18 or older, then the sentence will be three times greater than if you were 21 years of age or older. This only applies to possession offenses not involving delivery, intent to deal drugs or where there is no evidence that you have committed another crime.
Whether the defendant has a criminal history – If so, this may result in jail time being imposed as opposed to fines.
Type of drug(s) involved – The penalties depend on the particular type of controlled substance which means that possessing certain types of drugs will generally result in more severe consequences than if you had possessed some other kinds. In many cases, even though marijuana (weed) is decriminalized in Morgantown WV, it can still carry enhanced punishments for its possession.
Amount of drug(s) involved – If you were found with a larger quantity than is for personal use, then the penalties will be greater. The level at which it becomes punishable as intent to deal drugs can result in a felony charge even if there is no evidence that you intend to further distribute the type of drug found on your person. However, merely possessing such large amounts may only get you charged with possession for personal use under this provision. It all depends on the facts and circumstances surrounding your particular case. Generally, you would need to possess at least 10 grams of cocaine or methamphetamine (crystal meth) along with other factors identified by law before being charged with possession with intent to deliver. Otherwise, the crime will be classified as possession with intent to deliver. This means that you could receive a sentence of between 5-15 years imprisonment and fines of at $25,000. However, certain factors can increase the penalty even further such as delivering drugs within 1000 feet of an elementary school or any other primary or secondary school where children are often present. In some cases, it may be classified as a felony offense if you were in possession of 20 lbs. or more marijuana (weed).