Colorado Springs Felony Drug Crime Defense Lawyer
Possession of a Schedule I or II Controlled Substance is, at a minimum, classified as a Level 4 Drug Felony. C.R.S. § 18-18-403.5(2)(a). A felony conviction in Colorado could result in prison time, hefty fines, difficulty finding housing, and a serious impact on your ability to keep your job or even earn a living.
In Colorado, some Level 4 Drug Felonies are "wobbler" eligible. If a person is convicted of a "wobbler" eligible Level 4 Drug Felony and successfully completes a community based sentence, then the felony conviction will be vacated and a misdemeanor conviction entered in its place. If a person or offense is not "wobbler" eligible, the severity of the charges often depends on the quantity of drugs seized and the circumstances of the arrest.
The experienced Colorado Springs drug crime defense lawyers at The Bussey Law Firm, P.C. know how to build a successful defense and help achieve the best possible outcome. Call us to find out how we can help you. We can be reached at (719) 475-2555.
There are many factors that determine the severity of your drug case:
- Wobbler Eligibility: A person is not "wobbler" eligible if the person: has a prior conviction for a Crime of Violence, is ineligible for probation pursuant to C.R.S. § 18-1.3-201, or has two or more prior felony convictions for a drug offense. Determining if a charge is "wobbler" eligible requires a case-by-case analysis of the facts to include, but not limited to, the type of drug, the amount of the drug, and the statute under which the state is proceeding.
- Drug Classification: In Colorado, drugs offenses are classified by schedules. The most serious drug offense is a Level 1 Drug Felony, which requires a mandatory sentence to the Department of Corrections if convicted. The least serious is a Level 2 Drug Misdemeanor. If you have been arrested on suspicion of possessing a Schedule I or II drug, which are more dangerous and have high potential for abuse, you will most likely face a drug felony charge.
- Quantity of Drug: In addition to the type of drug you possess, the quantity of drug you possess can also dictate the seriousness of the charge. For example, if you possess a small quantity, you may face a drug felony charge that is "wobbler" eligible. However, if you possess a larger quantity of the drug, you may be charged with an offense which requires a sentence to the Department of Corrections if convicted.
- Possession of Drug-related Items: If officers find other items in your possession along with the drugs, such as a scale or baggies, they may seek to charge you with possessing the drug with the intent to distribute. This is a more serious charge than simple possession of a drug. Whether you are caught with large quantities or drugs or items that indicate you are going to sell drugs, you are more likely to be charged with illegal drug possession with the intent to sell. This is almost always a felony.
- Special Offender Designation: If convicted of a drug felony and, additionally, found to be a Special Offender the Judge will impose a mandatory sentence of 8-32 years in the Department of Corrections. Special Offender includes, but is not limited to, offenses where a person introduced or imported into Colorado large quantities of certain controlled substance, was in possession of a deadly weapon, had access to a firearm, committed the offense on or near school grounds or public housing, and/or had a child act as an agent for to assist in the manufacturing or distribution of the drug.
Under Colorado law, drug felonies are divides into four levels. Level 1 Drug Felonies are the most serious and are punishable by a prison sentence of up to 32 years and a fine of one million dollars. Level 4 Drug Felonies are punishable by up to two years in the Department of Corrections and a fine of up to $100,000.
A drug felony conviction will have long-term and, in some cases, lifelong consequences. If you or a loved one has been charged with a drug felony, it is crucial that you seek the counsel of an experienced Colorado Springs felony crime attorneys. The Bussey Law Firm has a long history of defending those accused of drug offenses. The attorneys will work with you to help you understand the charges, investigate potential defenses, devise a litigation strategy, and explain the options that are available to you.
The Bussey Law Firm, P.C. can help you build a strong defense. Contact us today at (719) 475-2555.