Personal Injury/Wrongful Death  

Maximum Penalties in Criminal Cases

If you or a loved one is caught in possession of drugs or firearms, the consequences and penalties can be severe.  Seeking the help of an experienced criminal attorney will alleviate many of your questions regarding the investigation and maximum penalties.  There are several things you should know about the penalties associated with being stopped and in possession of drugs and/or firearms. 

Maximum penalties are based on the type of drug or firearm involved in the crime.  For illegal substances, the amount of drug present at the scene is a driving factor in the maximum penalty received.  If the drug is enough to distribute, the penalty is higher, on the other hand, possession cases warrant a lesser penalty.   The presence of a firearm during a drug bust, raid, or traffic stop, is also another factor influencing the penalty.  Even if you haven’t been found guilty of using the firearm, simply having it in your possession is a Class 2 felony.  

The schedule in which the drug places has just as much of an affect on the penalty as the quantity.    Schedule I drugs are those that tend to warrant high abuse rates, and in turn, higher penalties.  These are drugs such as heroin, ecstasy and hallucinogens.  Being caught with a Schedule II drug is oftentimes just as serious.  These drugs include methamphetamines, crack cocaine and other stimulants.  As an example of the severity of such crimes, if you are caught carrying 50g of crack cocaine, which is the equivalent of a little over 2 ounces, this is assumed as intent to distribute.  For such a crime, the mandatory sentence is 10 years in prison.  

A criminal attorney will explain all the elements associated with drug and firearm investigations.  He or she will also want to know your criminal history.  First time offenses typically result in a lower sentence, but this isn’t always true. Previous criminal history, along with the 3 strikes rule, affects the penalty.  This means if the current charge is a second or third offense, you could face a penalty more severe than a person who has been charged with homicide.  This is how seriously the judicial system views drug and firearm cases.

An experienced criminal attorney will help you use certain elements of the investigation in your favor.  However, you must be aware of what evidence there is against you.  Are there fingerprints or DNA that link you to the drugs or firearms?  What witnesses does the prosecution have to use against you?  These are elements a suspect might not consider, but by working with an experienced criminal attorney you will be taken through each step, and establish ways to use evidence in your favor.