Have you been charged with a drug possession offense in Louisville? If so, you do not have to simply sit back and wait for the government to punish you. Instead, you can fight back against your drug charge with the help of an experienced criminal defense attorney – like those here at Suhre & Associates, LLC in Louisville, KY.
How Our Experienced Attorneys Can Help You Fight Back Against Your Drug Possession Charge
At Suhre & Associates, LLC, we believe that every Kentuckian is entitled to a vigorous defense when they are accused of committing a crime. When you hire us to help you with your drug possession case, we will:
Help You Secure a Reasonable Bond
At Suhre & Associates, LLC, we understand that criminal proceedings are much easier to manage from the comfort of your own home than from the confines of a cell. So, when you enlist our services, we will immediately begin attempting to bail you out of jail.
Our attorneys have been working within the Kentucky legal system for years. As such, we have a keen understanding of its, sometimes complicated, the bail/bond system. We will use this knowledge and experience to try to secure you a reasonable bond that will allow you to return to normal life while your case is processed.
Negotiate with the Prosecuting Attorney
In the early stages of your drug possession case, the prosecutor may offer you a plea bargain deal. They may also try to pressure you into accepting their offer by telling you that its terms are non-negotiable. In reality, however, this is rarely the case.
The Suhre & Associates, LLC, legal team has negotiated countless plea bargain deals with Kentucky prosecutors. We know how to convince them to improve their offers. When you hire us, we will work tirelessly to try to land you a fair and equitable deal.
Represent You in Court
Should the prosecuting attorney be unwilling to offer a fair plea bargain deal, your drug possession case will most likely end up going to court. There, a jury of your peers will review your case before determining whether or not you are guilty. If they convict you, they will also decide how you should be punished.
Our lawyers have been representing clients in front of Kentucky juries for years. We understand how to argue your case in a way that will make them sympathetic to your situation. Though we cannot guarantee a specific result, we can promise that you will be well-represented in court when you have our team on your side.
Are you ready to begin fighting back against your drug possession charge? If so, please do not hesitate to reach out to the legal team here at Suhre & Associates, LLC, in Louisville. We would love to help you set up a free consultation to learn more about your case.
Commonly Charged Drug Possession Offenses
Both the state of Kentucky and the United States federal government have a wide range of laws on their books that fall under the umbrella of “drug possession offenses:”
Kentucky Drug Possession Offenses
A brief list of some of the most commonly charged drug possession offenses in the state of Kentucky would include:
Possession of a Controlled Substance
Sections 218A.1415, 218A.1416, and 218A.1417 of the Kentucky Revised Statutes make it illegal for an individual to have a controlled substance on their person (actual possession) or to have a controlled substance under their control (constructive possession).
If a person is found to be carrying cocaine, LSD, heroin, or any Schedule I or II narcotics, they may be charged with first-degree possession. Such an offense is generally classified as a Class D or Class C felony.
Those who are found to be carrying a non-narcotic Schedule I or II substance may be charged with second-degree possession. The same is true of individuals who are caught with Schedule III drugs other than marijuana, LSD, and phencyclidine. Second-degree possession is usually punishable as a Class A misdemeanor.
When a person possesses a Schedule IV or V drug, they may be arrested and charged with third-degree possession. An offense of this nature is typically classified as a Class A misdemeanor in the state of Kentucky.
Sale and Distribution of a Controlled Substance
Sections 218A.1412, 218A.1413, and 218A.1414 of the Kentucky Revised Statutes make it unlawful to manufacture, sell, or possess with the intent to distribute any controlled substance. This offense is sometimes referred to as drug trafficking.
An individual who trafficks a large amount of cocaine, LSD, heroin, or a Schedule I or II narcotic may be charged with first-degree drug trafficking. In Kentucky, an offense of this nature is generally punishable as a Class C felony.
If a law enforcement officer finds a person trafficking a large quantity of non-narcotic Schedule I or II substances, they may arrest them and charge them with second-degree drug trafficking. They may charge individuals who are caught trafficking Schedule III drugs other than marijuana, LSD, and phencyclidine with the same crime. Second-degree drug trafficking is typically classified as a Class D felony.
Those who are caught trafficking a large quantity of Schedule IV or V drugs may be charged with third-degree drug trafficking. The possession with intent to distribute such a controlled substance is generally classified as a Class A misdemeanor.
Federal Drug Possession Offenses
A short sampling of some of the most commonly charged federal drug possession offenses would include:
Simple Possession of Illicit Drugs
According to 21 U.S. Code § 844, it is illegal for a person to possess a controlled substance without a valid prescription. To be charged with such an offense, an individual does not need to have the drugs on their person at the time of their arrest. They may be adjudged to be “in possession” of the drugs if they have stored them in a place where they have control over them.
Simple possession is typically punishable as a Class A misdemeanor or Class E felony.
Sale and Possession of Drug Paraphernalia
According to 21 U.S. Code § 863, it is unlawful for a person to:
- Sell or possess with the intent to sell any drug paraphernalia
- Ship or transport drug paraphernalia
- Import or export drug paraphernalia
For the purposes of this offense, the following items may be considered to be “drug paraphernalia:”
- Water pipes
- Carburetion masks
- Miniature spoons
- Chamber pipes
- Roach Clips
- Cocaine freebase kits
This offense is generally classified as a Class E or Class D felony.
Have you been charged with possession or a related drug crime? The experienced criminal defense attorneys here at Suhre & Associates, LLC, in Louisville, KY, may be able to help. Reach out to us today to set up a free consultation with a member of our legal team.
Criminal Penalties for Drug Possession Convictions
The punishments doled out for drug possession convictions are largely dependent on the type of drug in question, and whether the offense was a violation of state law or federal law:
Penalties for Kentucky Drug Possession Convictions
Individuals who violate Kentucky’s drug possession laws are punished in accordance with the following sentencing guidelines:
- Class A Misdemeanors: Up to 12 months in jail and a fine of up to $500
- Class D Felonies: Up to 5 years in prison and a fine of up to $10,000
- Class C Felonies: Up to 10 years in prison and a fine of up to $10,000
- Class B Felonies: Up to 20 years in prison and a fine of up to $10,000
- Class A Felonies: Up to 50 years in prison and a fine of up to $10,000
Individuals who have never been in trouble with the law before typically receive much more lenient sentences than repeat offenders.
Penalties for Federal Drug Possession Convictions
Offenders who are convicted of federal drug possession offenses are punished in accordance with the following guidelines:
- Class A Misdemeanors: Up to 1 year in prison and a fine of up to $100,000
- Class E Felonies: Up to 5 years in prison and a fine of up to $250,000
- Class D Felonies: Up to 10 years in prison and a fine of up to $250,000
- Class C Felonies: Up to 25 years in prison and a fine of up to $250,000
- Class B Felonies: At least 25 years in prison and a fine of up to $250,000
- Class A Felonies: Life imprisonment (or death) and a fine of up to $250,000
Repeat offenders and individuals who are found to be in possession of extremely large quantities of a controlled substance may be subject to mandatory minimum sentencing.
At Suhre & Associates, LLC, we have been defending Louisville residents against state and federal drug possession charges for years. During that time, we have helped countless clients avoid the penalties listed above. If you would like to have us represent you throughout your case, just give us a call and schedule an initial consultation with one of our experienced lawyers.
Louisville’s Premier Drug Possession Defense Attorneys
If you have been charged with a drug possession offense and need an experienced lawyer to stand up and defend you, please contact the Suhre & Associates, LLC, legal team today at (502) 371-7000. Our attorneys have been helping Louisville residents fight back against their state and federal drug charges for decades. We would love to do the same for you.