In most situations, felony drug charges are considered to be more severe drug crimes. Under federal and state criminal laws, convictions of felony charges often result in incarceration of times of more than one year in addition to substantial criminal fines.
In contrast, a misdemeanor charge will typically result in incarceration in a jail instead of a prison and lesser criminal penalties. Felony drug charge convictions also typically result in harsher criminal penalties.
The difference between misdemeanor charges and felony charges will vary depending on several factors, including:
- The amount of drugs involved
- The type of drugs involved
- Whether the drugs were being dealt or trafficked
Drug possession may be a misdemeanor when the offense involves a small amount of a substance that is possessed for personal use. However, if an individual possesses a large amount of a substance, it may result in felony possession charges.
Typically, trafficking, selling, or distributing drugs are categorized as a felony under the majority of state laws. This is due to the fact that there is a greater possibility for more individuals to be impacted by the distribution of the drug. In some cases, when an individual possesses over a specific amount of drugs, the law may deem that the individual intended to sell those drugs and did not just possess them for personal use.
In the State of California, if an individual is in possession of a controlled substance, such as methamphetamine or cocaine, they may face felony charges. A conviction may result in up to three years imprisonment.
If an individual is convicted of possession with the intent to sell, they may face two to four years in state prison and up to $20,000 in criminal fines. If an individual is convicted of drug trafficking and distribution, they may face three to nine years in state prison and up to $500,000 in criminal fines.
Depending on the circumstances of the individual’s unique case, they may be eligible for alternative punishment options, such as drug court. To find out more information on the exact consequences a defendant may face, it is important to consult with a California lawyer.
What Are Some Examples of Felony Drug Charges?
There are numerous different examples of what may be classified as a felony drug charge, including:
- Possession of a controlled substance: Possession of certain amounts of drugs may result in felony charges.
- Larger amounts of drugs, such as marijuana, may be necessary to constitute a felony charge
- For other types of drugs, such as cocaine, a smaller amount will be required for a felony charge
- Selling drugs: Selling drugs can result in felony charges.
- As noted above, possessing large amounts of certain substances may lead the police to believe that the drugs were being kept to sell, referred to as possession with the intent to sell
- Trafficking drugs: Drug trafficking involves the transportation of illegal substances. This may not necessarily include the sale of drugs.
- However, transporting drugs can lead to felony charges, especially if considerable amounts are being moved.
- Penalties may also increase if the drugs are being trafficked across state lines.
The type of drug involved may impact whether a crime is categorized as a felony. Drugs are classified into schedules under the Controlled Substances Act (CSA). Illegal drugs are typically in Schedule I with substances that are high risk and have little potential for medicinal applications.
What Are the Consequences of Felony Drug Charges?
A felony drug charge, even a first-time offense, can lead to serious criminal penalties. The exact length of incarceration and the amount of criminal fines will vary depending on many different factors, such as the substance involved, the amount, and the defendant’s previous criminal history.
In the State of California, the sentence a defendant may face for drug charges will depend primarily on the following:
- The specific drug charges
- The drug that is involved
- The amount of the drug
- The defendant’s criminal history and whether they are a repeat offender
- Whether there were any aggravating circumstances, such as:
- Selling or transporting drugs within 1,000 feet of homeless shelters or drug treatment centers, which adds one year
- Selling or transporting drugs near a school, youth facility, or place of worship, which can add one to two years
- Selling drugs to a minor who is more than four years younger than the defendant, which may last one to three years
Simple possession charges, or possession for personal use charges, are the least severe drug charges a defendant may face. This offense is a misdemeanor that is punishable by up to one year in county jail. However, if a defendant has a criminal record that includes violent or serious penalties, the sentence may increase 16 months, two years, or three years.
Possession for sale is a felony charge that will apply when there is evidence that a defendant intended to sell the drugs they possessed. A conviction may be two to four years in jail per intended sale, which can add up quickly.
Drug trafficking is a felony that involves transporting, selling, or furnishing usable quantities of drugs. A first offense may result in three to five years in prison.
This sentence can be increased to three to nine years if the defendant transported the drugs across two or more county lines. The consequences may also be more severe if the defendant has prior drug convictions.
Felony drug charges for first-time offenders
The punishment a defendant may face in California for felony drug charges for a first-time offender can range from 16 months to three years and criminal fines of up to $10,000. If a defendant is a first-time offender, the prosecution may be more lenient on the individual. The court also has the discretion to sentence a defendant to formal probation instead of jail time.
Felony drug charges for repeat offenders
As a general rule, the punishments a defendant may face will increase with each previous felony they have on their criminal record. In addition, California has a three-strikes law.
This means that, if a defendant is convicted of three or more serious or violent felonies, they will be subject to this law. When a defendant is convicted of a third felony, they will automatically be sentenced to 25 years in prison.
There are numerous nuances and different types of charges that a defendant can face in California related to drugs. An individual should seek legal advice if they are facing any type of drug-related criminal charges.
Are There Any Immigration Consequences for a Felony Drug Charge?
In addition to sentences to incarceration and criminal fines, a felony drug conviction may lead to other outcomes. For example, an individual’s immigration status can be greatly impacted by a felony charge.
Depending on the facts of a case, a felony drug crime may be classified as a crime of moral turpitude, especially if the crime involved brutality or hazards to public safety. If this occurs, the defendant can face deportation or removal as well as have their green card voided.
If an individual is a chronic offender, they may be barred from re-entering the United States in the future. These types of cases will often need the help of a lawyer who is familiar with criminal and immigration laws and how they interact.
Do I Need a Lawyer for Help With Felony Drug Charges?
If you are facing felony drug charges in the State of California, it is important to consult with a drug crime attorney in California. Your lawyer will be able to explain the types of charges you are facing, the penalties you may face, and whether the charges can be reduced or if alternative sentencing will be available.
You can use LegalMatch to find a drug crime lawyer in your area in as little as 15 minutes at no cost online. Your lawyer will provide you with advice and represent you whenever you appear in court.
