If you are facing drug charges, you certainly may have questions about your potential sentence. Often, it depends on whether you have a record of such offenses in the past. The sentences will escalate for subsequent convictions, so a second or third offense is going to be much more serious than a first offense.
Excluding marijuana, controlled substance possession is a misdemeanor. If convicted, the penalties you face could include:
- Up to $5000 in fines and 12 months of jail time for a first offense
- Up to $5000 in fines and 18 months of incarceration for a second or third offense
- Up to $5000 in fines and up to two years behind bars for a fourth or greater offense
While the fine stays the same for all of these possession charges, the potential incarceration goes up for each offense.
More serious charges
It is also important to note that the above is for simple possession charges. In some cases, you could face more serious charges if you are accused of drug trafficking or drug distribution.
Often, a major contributing factor in these cases is simply the amount of controlled substances you had with you at the time of the arrest. For small amounts that appear to be for personal use, you may face possession charges. But for large amounts of controlled substances, authorities may believe that your intent was to distribute them or sell them, which can sometimes push the charges up from misdemeanors into felonies. These could come with far more significant fines and jail time, depending on the specifics of your case.
Drug charge defense options
While every case involving drug charges is unique, they all must be taken very seriously. If you are facing such charges, it can help to work with an experienced law firm as you look into all of your defense options.