Protecting Your Rights
Virginia law takes drug crimes very seriously, especially as it pertains to possession and distribution charges. Under the right circumstances, the possession or distribution of certain drugs might result in felony charges, which can have life-altering penalties. Felony drug crimes might result in a lengthy prison sentence, costly fines, and a damaging criminal record, all of which can put a significant strain on your personal relationships, employability, and other aspects of your day-to-day life. If you find yourself facing felony drug charges, make sure you act fast to secure experienced, dedicated legal representation you can count on.
Why Choose Us?
At Nichols & Green PLLC, we know what types of consequences you’re facing, and we know the legal strategies to implement in order to protect your rights and advocate for your freedom. We have more than 30 years of collective experience, and we have been representing individuals, like yourself, facing criminal charges in Virginia since 2011. Our Fairfax felony drug possession and distribution lawyers know what it takes to craft a strategic, aggressive legal defense, and we can use our understanding of the Virginia justice system to protect your rights and your future.
Call (703) 215-1114 today to schedule a free consultation with our firm. We’re here to help you.
How Does Virginia Categorize Felony Drug Crimes?
In the state of Virginia, drug crimes are penalized according to the Schedule, or category, of the drug, as well as the related crime. Drugs, or controlled substances, are defined in the Code of Virginia § 54.1-3401 according to a list of categories that include Schedules I through VI, with Schedule 1 being the most serious. These classifications under Virginia’s Drug Control Act draw from the federal Comprehensive Drug Abuse Prevention and Control Act of 1970 and include everything from cough medicines to cocaine.
Drug Classifications According to Virginia’s Drug Control Act:
- Schedule VI: Unconventional “drugs” that can be used recreationally, including toluene or nitrous oxide commonly found in household objects.
- Schedule V: Medicinal drugs with minimal risk of abuse or dependency, like cough medicine.
- Schedule IV: Medicinal drugs with less potential for abuse or dependency than Schedule III drugs, such as Valium, Xanax, and other sedatives.
- Schedule III: Medicinal drugs with less potential for abuse or dependency than Schedule II drugs, including steroids and codeine.
- Schedule II: Drugs with a high potential for abuse and dependence but also have an accepted medical use. Examples include cocaine, methadone, PCP, and methamphetamine.
- Schedule I: Drugs with the highest potential for abuse and no accepted medical use, such as LSD and heroin.
What is Felony Drug Possession?
Only the most serious drug possession crimes are classified as felonies. According to the Code of Virginia § 18.2-250, drug possession applies to the possession of any controlled substance without a valid prescription. If someone is charged with possession of a Schedule I or II substance without a valid prescription, the resulting penalties may include imprisonment for up to 10 years, confinement in jail for up to 12 months, and fines of up to $2,500.
What is Felony Drug Distribution?
When an individual is suspected of selling, providing, delivering, or giving away a controlled substance, they can be charged with a drug distribution crime. According to Virginia law, distribution crimes may be categorized as a felony even if there was only an intent to distribute.
The Code of Virginia § 18.2-248 states that an individual may be charged with a felony distribution charge if they are in possession of a Schedule I or II substance with the intent to sell or distribute. The penalties for such a crime can result in between 5 and 40 years imprisonment and up to $500,000 in fines.
If an individual is found in possession of between 0.5 ounces and 5 lbs of marijuana with the intent to sell or distribute, they can also face a felony conviction, which may result in up to 10 years imprisonment, confinement in jail for up to 1 year, and fines of up to $2,500.
Need Aggressive Legal Defense? We’re Here to Help
Felony drug charges can be life-altering in the most jarring sense, especially if you have previous convictions or if you were in possession of a large quantity of a controlled substance. Our Fairfax felony drug possession and distribution lawyers have ample experience defending individuals charged with serious drug crimes, and we know the ins and outs of Virginia drug laws. If you work with our firm, we can assess your charges, build a case in your favor and fight zealously to defend your rights and freedom. Our aim is always to have your charges dismissed altogether or reduced to a lesser charge. We know what’s at stake, and we want to use our 30+ years of legal experience to help you get back on your feet and put these charges behind you.
Ready to get started? Call (703) 215-1114 today to get in touch with our team at Nichols & Green PLLC.