Understanding the Penalties for Drug Charges in Virginia

In Virginia, drug charges can range from simple possession of a controlled substance to possession with the intent to distribute or manufacture. The specific penalties for drug charges in Virginia that someone may face will depend on the type and amount of the drug involved, as well as the individual’s prior criminal history.

Possession of a controlled substance is punished depending on the type of controlled substance involved. It is a Class 5 felony in Virginia, punishable by up to 10 years in prison to unlawfully possess a Schedule I or II controlled substance. For a Schedule III controlled substance, it is a Class 1 misdemeanor in Virginia, punishable by up to one year in jail and a fine of up to $2,500. Drugs such as cocaine and methamphetamine are schedule II controlled substances. Heroin is a schedule I controlled substance.

If the individual is charged with possession with the intent to distribute or manufacture a controlled substance, or with distribution or manufacturing of a controlled substance,, the penalties are more severe. For instance, distribution of a controlled substance be charged as an unclassified felony if the drug is a Schedule I or II substance, and is punishable by up to 40 years in prison and a fine of up to $500,000. If the drug is a Schedule III substance, distribution, or possession with the intent to distribute or manufacture can be charged as a Class 5 felony, punishable by up to ten years in prison. If the drug is Schedule IV, the same crime would be charged as a Class 6 felony, with up to five years in prison as potential punishment. For Schedule V and VI substances, the crime constitutes a Class 1 misdemeanor.

In addition to these criminal penalties, a drug charge in Virginia can also have other consequences. For example, a person convicted of a drug offense may face difficulty finding employment or housing, as many employers and landlords perform background checks on potential employees or tenants.

There are also certain aggravating factors that can increase the penalties for a drug charge in Virginia. For example, if the individual was in possession of a firearm at the time of the offense, the penalties may be enhanced. Additionally, if a person sells, distributes, or possesses with the intent to sell or distribute a controlled substance within 1,000 feet of a school they may be charged with an additional felony offense.

What are the penalties for drug charges in Virginia with prior convictions?

If the individual has prior drug distribution convictions on their record, the penalties for a subsequent drug distribution offense may be more severe. In Virginia, repeat drug offenses are punished as follows:

• Second offense: Unclassified felony, punishable by 5 years to life in prison and a mandatory prison sentence of 3 years
• Third or subsequent offense: Unclassified felony, punishable by 10 years to life in prison and a mandatory prison sentence of 10 years
• It is important to note that the actual penalties that an individual receives will depend on the specifics of their case and may be reduced based on mitigating circumstances. An experienced and qualified defense lawyer can help you explore options for your specific case.

How do you beat a drug charge in Virginia?

In some cases, it may be possible to avoid conviction for a drug charge in Virginia by entering into a deferred disposition. This allows the individual to undergo treatment and complete certain requirements (typically, sobriety and the completion of community service) in exchange for the charges being dismissed at some future review hearing. However, these programs are typically only available for first-time offenders and may not be an option for those with prior drug convictions.

If you or someone you know has been charged with a drug offense in Virginia, it is important to speak with a criminal defense attorney as soon as possible. An experienced attorney can help you understand your rights and options, and can work to protect your interests throughout the legal process. Schedule a free consultation with former drugs and narcotics prosecutor David Parker to discuss your case.