Our leading criminal defense lawyers advise that in Greeley, Colorado, Unlawful Possession of a Controlled Substance, or Drug Possession for short, can be either a misdemeanor or felony criminal offense. Recently, more than 13 people under a bridge in Colorado Springs were cited or arrested for various criminal charges, including Trespassing and Unlawful Possession of a Controlled Substance. This group had allegedly been camping under the bridge. Drug Possession charges can often be confusing, and it is important to have a lawyer who can fight for the best outcome in your case. Below, the experienced lawyers at the O’Malley Law Office discuss Drug Possession charges and how we can help you.
What is the Definition of Unlawful Possession, C.R.S. 18-18-403.5, in Weld County?
In Weld County, the definition of Unlawful Possession, C.R.S. 18-18-403.5 is:
It is unlawful for a person knowingly to possess a controlled substance
Controlled substances can include fentanyl, methamphetamine, cocaine, ketamine, and benzimidazole opiate, among many others. The scope of any charge for drug possession will be based on the purpose for the possession (sale or personal use), the quantity of the drug possessed, and the type of drug along with its schedule.
Definitions of Possession in an Unlawful Possession Charge in Erie and Windsor, Colorado
In Erie, Windsor and the rest of Colorado, Possession is defined as having physical control over a drug. There are multiple different types of possession. The first is actual possession, which is actually touching or having the drug on your person. Constructive possession, the second type, is having control over a drug that is not physically on your person. The last type is joint possession, where you and other people share control of the drugs.
Weld County Sentence and Penalties for Unlawful Possession of a Controlled Substance
In Weld County, the sentence for Unlawful Possession of a Controlled Substance depends on the type of drug involved. It is a level 1 drug misdemeanor to possess less than four grams of a Schedule I or II drug or any amount of a Schedule III, IV, or V drug. The penalties for a level I drug misdemeanor are 6 to 18 months in Weld County Jail and / or $500 to $5,000 in fines.
As of March 1, 2020, it is no longer a felony to possess certain narcotics under four grams, including methamphetamine, cocaine, ecstasy, and heroin. However, a felony can still be charged when it involves the possession of more than four grams of a schedule I or II drug. This can also include any material, compound, mixture, or preparation that contains any quantity of flunitrazepam; ketamine; gamma hydroxybutyrate, including its salts, isomers, and salts of isomers; and cathinones (bath salts). This is sentenced as a level 4 drug felony under C.R.S. 18-18-403.5, and the penalties can include 6 to 12 months in a Colorado State Prison, $1,000 to $100,000 in fines, a surcharge of $1,500 to $4,500, and 1 year of parole.
Why Hire a Top Greeley, Colorado Unlawful Possession Lawyer?
It is important to have a top Greeley Criminal Defense lawyer if you are facing an Unlawful Possession of a Controlled Substance charge. Depending on the circumstances, our leading criminal defense lawyers can advocate for a reduction in charges or probation instead of Weld County Jail time. There are many common defenses to a Drug Possession charge, such as:
- The defendant had a valid prescription for the drugs.
- The drugs did not belong to the defendant, and the defendant did not know the drugs were nearby.
- The defendant was falsely accused.
- The defendant did not know that the drugs were a controlled substance.
- Someone left the drugs in a place that the defendant could not have known of their existence.
Our criminal defense attorneys have more than 30 years of experience defending criminal Unlawful Possession charges. Hire a skilled Unlawful Possession of a Controlled Substance criminal defense attorney today to get you the best outcome in your Greeley drug case.