Manufacturing, Delivering, Possessing with the Intent to Deliver Drugs or Controlled Substance
In Pennsylvania, the charge of Manufacturing, Delivering, or Possessing with Intent to Deliver a Controlled Substance is a serious felony offense under the drug laws. You are very likely facing mandatory jail time if found guilty of these charges. Call the Law Offices of Michelle A. Fioravanti at 484-876-1543 or contact us if you have been charged with these drug offenses to start working on the defense of your case as soon as possible.
Felony Drug Charge Attorney in Chester, Montgomery, Philadelphia, Delaware, Lancaster, Berks and Bucks County Pennsylvania
There are several strategies that can be used to defend Manufacturing, Delivering, or Possession with Intent to Deliver a Controlled Substance drug cases. One is to file a Motion to Suppress the drugs to be used as evidence against you on the grounds of illegal search for lack of probable cause or police procedural errors. Challenges can also be made to have the Commonwealth prove that any drugs/controlled substance belongs to you or was legally in your possession.
Penalties for Felony Drug Convictions
The categories and penalties for Manufacturing, Delivering, or Possession with Intent to Deliver a Controlled Substance are related to the specific drug. Most substances are categorized by the federal drug Schedule (I-V) classifications.
If convicted, the penalties for Possession with Intent to Deliver or Manufacture a Controlled Substance (sale, delivery or distribution) are:
- For a Schedule I or II drug (narcotic, e.g. Heroin) – up to 15 years in prison and up to a $250,000 fine.
- For phencyclidines (PCP), methamphetamines (Meth), cocoa (Cocaine) and its derivatives, or Marijuana in excess of 1,000 pounds – up to 10 years in prison and/or a $100,000 fine.
- For any other Schedule I, II or III drug not included above – up to 5 years in prison and up to a $15,000 fine.
- For a Schedule IV drug – up to 3 years in prison and a up to a $10,000 fine.
- For a Schedule V – up to 1 year in prison and a up to a $1,000 fine.
If convicted of Delivering Marijuana:
- Up to 1 year in jail and/or a fine of up to $2500.
- For selling to a minor, under Pennsylvania Drug laws, it can be a felony charge of up to 2 years in jail and a $5000 fine.
Possession of Drugs or Controlled Substance
Pennsylvania drug possession penalties can be severe. Sometimes there are mandatory minimum sentences if you are found guilty. There also is a driver’s license suspension. You should hire an experienced criminal defense attorney to fight your case.
Misdemeanor Drug Case Attorney in Chester, Montgomery, Philadelphia, Delaware, Lancaster, Berks and Bucks County Pennsylvania
To prove a charge of simple possession, the Commonwealth must establish beyond a reasonable doubt that you knowingly and deliberately/intentionally possessed a controlled substance (without a valid prescription), knew the drug was an illegal controlled substance and that you had actual control or possession of the drug.
The defenses and strategies for a simple possession charge are similar to that of a felony drug offense. One is to file a Motion to Suppress the drugs to be used as evidence against you on the grounds of illegal search. The police must have had reason to suspect you had drugs in your possession before searching your car, home or person. Challenges can also be made to have the Commonwealth prove that any drugs/controlled substance belongs to you or was legally in your possession.
Penalties for Misdemeanor Drug Convictions
If convicted of Possession, the penalties are:
For drugs such as Heroin, Cocaine, LSD, Ecstasy, Meth, Vicodin, Oxycontin and illegal Steroid:
- Up to one year in prison, and/or a $5,000 fine first (1st) offense
- Up to two years in prison for a second (2nd) offense
- Up to three years in prison for a third (3rd) offense
- Up to 30 days in prison, and/or a $500 fine if convicted of possessing 30 grams of less
- Up to one year in prison, and/or $5,000 fine if convicted of more than 30 grams
- 6 month loss of driver’s license
If you are a first time marijuana offender, it is possible to get probation without a verdict. This is significant for purposes of expungement.
Drug cases are complex. You should have an experienced criminal defense attorney fighting your charges and developing a strategy for your defense. Call the Law Offices of Michelle A. Fioravanti at 484-876-1543 or contact us so that we may start preparing a defense as soon as possible.