Nebraska and Iowa's Criminal Defense Lawyer

Felony Drug Possession

18 November 2014
Omaha Criminal Defense Lawyer gavel and book

Whether the possession of illegal drugs is a felony or a misdemeanor depends on a number of circumstances. In this blog, an Omaha drug attorney takes a look at some of them.

What Kind or How Much

There are some drugs, heroin and cocaine for example, that are considered sufficiently dangerous that no matter how much or how little is in the defendant’s possession, he or she will be charged with a felony in the vast majority of states. In some cases, a minor amount of less harmful drugs may merit a misdemeanor rather than a felony charge. This depends largely on the laws enacted in each state and the strictness of their respective drug policies. Someone in whose possession a large amount of a drug has been found will be assumed to have them with the intent to sell them.

The Intent

If the possessor has the substances for his or her own use with no intention of them being passed on to others in any way, the charge may be less severe than it would be if the user intended to sell the drugs to other people. Endangering one’s own health is one thing, but putting others in harm’s way is quite another matter. Regardless of the intent, the law forbids possession of these substances and the penalties can be severe. If a person is found in possession of controlled substances and it is shown that they meant to sell them, the person can expect to face felony charges.

Call for More Information

If any of the above applies to you, you should consult your Omaha drug attorney right away.