Some drug offenses are misdemeanor crimes. Minor possession offenses, which account for a substantial portion of all drug charges, can be misdemeanor crimes. Prosecutors may pursue the most serious charges they can justify, which may entail bringing a felony drug charge against the defendant. Some drug offenses are felonies by their very nature. Major trafficking offenses, for example, are typically felony offenses.
Other times, drug charges may be wobbler offenses where the prosecution can either pursue a misdemeanor charge or a more serious felony charge. What details about a situation increase the risk of a defendant being subject to prosecution of a felony charge?
1. The type of drug
Any drug that is either prohibited by law or subject to strict control could trigger drug charges. Outright banned drugs and drugs with a lower schedule number, including Schedule I and Schedule II substances, are more likely to prompt felony charges.
2. The amount of the drug
The law identifies different weights as thresholds for more serious charges. Even a tiny amount of a drug like fentanyl could be enough to justify felony charges, while larger quantities of lower-risk drugs still lead to misdemeanor charges in some cases.
3. The defendant’s history
The more prior convictions for similar offenses a person has, the more likely the state is to pursue the most serious charges possible and the maximum criminal sentence possible. People who have multiple prior drug offenses are less likely to receive lenient treatment when facing subsequent charges.
Understanding how the state handles drug crimes can be important for those recently arrested. An attorney can provide insight into the law, guidance regarding specific charges and support while planning a criminal defense strategy.