Experienced Roanoke Drug Crime Lawyers For Effective Defense
The war on drugs has led to unprecedented damage to the lives of young people in the United States. Many people with drug convictions find themselves unable to get a job or professional license that requires a background check.
If you have been charged with a drug crime, you should never plead guilty. Pleading guilty to any misdemeanor or felony offense will result in a permanent criminal record. Even if you receive probation and a fine instead of a jail sentence, the effect of a criminal conviction can be more damaging than all of the other punishments combined.
At Lutins & Pilgreen, PC, in Roanoke, Virginia, we offer an initial consultation to discuss your case and explain your options. In many cases, our attorneys are able to resolve drug charges without a damaging conviction.
Types of Drug Crimes In Virginia
Virginia law classifies drug crimes based on the type and amount of the drug involved, with varying penalties:
- Drug trafficking/transporting/distributing (VA Code §18.2-248.01): Selling or transporting large amounts of drugs
- Possession of controlled substances (VA Code §18.2-250): Possessing drugs without a prescription
- Manufacturing controlled substances (VA Code §18.2-248): Growing or creating controlled substances, including manufacturing drugs like methamphetamine
- Sale, distribution and possession with intent to distribute marijuana (VA Code §18.2-248.1): Despite changes in the law, marijuana can still lead to charges
- Federal drug charges: Certain drug crimes that fall under federal jurisdiction rather than state law
Possession or distribution of a small amount of marijuana is a misdemeanor in Virginia. Most other drug charges are felonies. Conviction of a felony can result in a lengthy prison sentence and the loss of civil rights such as the right to vote and bear arms. In addition, few employers would want to hire someone who has a felony on his or her record.
What Are The Penalties For Drug Crimes In Virginia?
Penalties for drug offenses in Virginia depend on the specific charges, the type and amount of the drug involved and any prior convictions. Penalties can include:
- Imprisonment
- Fines
- Probation
- Mandatory drug treatment
- Loss of civil rights (e.g., the right to vote or bear arms)
In addition, under asset forfeiture laws, the government may seize property related to drug offenses, including cash, vehicles, real estate and personal property.
Frequently Asked Questions About Virginia Drug Crimes
Here are some common questions about drug crime penalties in Virginia:
Do first-time offenders go to jail?
First-time offenders may avoid jail time through alternative sentencing, such as probation or participation in a drug treatment program. However, this is not guaranteed.
What drug crimes are felonies in Virginia?
Felonies include possession with intent to distribute, drug trafficking and the possession of certain controlled substances like heroin, cocaine and methamphetamine.
What are drug classifications in Virginia?
Virginia classifies drugs into five schedules based on their potential for abuse and accepted medical use. Schedule I drugs, like heroin and LSD, have no accepted medical use, while Schedule V drugs, like cough syrup with codeine, are restricted due to the risk of dependency.
These classifications significantly impact the penalties for drug-related offenses, with more serious consequences for those found with higher schedule drugs.
Our Drug Defense Lawyers Will Fight For You
There are many defenses to drug charges. For example, if police obtained drug evidence as the result of an illegal search and seizure, our lawyers can seek to suppress the evidence.
For more information about defenses to drug charges, contact the intelligent and aggressive lawyers at Lutins & Pilgreen, PC, in Roanoke, Virginia, at 540-627-5150.