Colorado Springs Heroin Defense Attorneys
Heroin is one of the most addictive drugs known to man, yet rather than offering substance abuse treatment, our courts take a harsh stance against anyone accused of possessing, using, or selling heroin. As heroin is a Schedule I drug, both Colorado and the federal government outline hefty punishments for abusing it, and the El Paso County District Attorney’s Office will always seek the maximum sentence. If you were accused of a heroin-related crime, then you need the best defense possible.
At The Bussey Law Firm, P.C., we believe that every client deserves strong representation in the courtroom. We have worked for years to get our clients the best possible outcomes, from complete dismissals of all charges to reduced sentences and diversion programs. If you or someone you love has been charged with a heroin-related offense, call us at (719) 475-2555.
Under the Controlled Substances Act (CSA), heroin is classified as a Schedule I drug. Schedule I is the most restricted category for any drug and comes with harsh penalties. A Schedule I drug is a chemical that does not have any accepted medical use, is highly addictive, and is dangerous even under medical supervision.
In the state of Colorado, drug crimes are classified as either misdemeanors or felonies. There are two levels for drug misdemeanors and four levels for drug felonies. The “higher” the level, the harsher the punishment. With felonies in particular, your sentence can be lengthened based on the quantity of drugs involved in your case.
The major drug crimes you can be charged that involve heroin include:
- Under the Influence: Using heroin is a level 2 drug misdemeanor, the lightest drug charge you can face. In order to be convicted of a level 2 drug misdemeanor, the prosecution must prove that you willingly and knowingly used heroin. In most cases, the court will allow a defendant to enter a diversion program rather than serve jail time, but a second or subsequent charge for the same thing can result in a long jail sentence.
- Possession: Possessing up to four grams of heroin is a level 1 drug misdemeanor, which comes with harsher penalties. You can be charged with possession based on allegations that you had heroin on your person or property (home, car, bag, work locker, etc.) and were aware that you had heroin. Again, the court may allow you to enter a diversion program if it believes you have a substance-abuse issue. Being caught with larger quantities of heroin can lead to harsher penalties, even an intent to sell or trafficking charge.
- Intent to Sell/Distribution: In the state of Colorado, it is a felony for a defendant to unlawfully sell heroin or possess heroin with the intent to sell it, according to 18-18-405 C.R.S. The DA does not need to show that you actually sold heroin, only that you intended to sell it to someone. In addition, you can face harsher penalties if you are arrested for selling to a minor, near a school, or above a certain quantity. Distributing heroin is a level 3 to 1 drug felony.
Given the addictive nature of heroin, district attorneys can demand long prison sentences and hefty penalties for a conviction. If you are charged with a heroin-related crime, you can be punished with:
- Level 2 Misdemeanor: Up to one year in jail, between $50 and $750 in fines, and/or one year probation.
- Level 1 Misdemeanor: Up to 18 months in jail, between $500 to $5,000 in fines, and/or probation with up to six months in jail.
- Level 3 Felony: Between two and six years in prison and/or $3,000 to $500,000 in fines.
- Level 2 Felony: Between four and 16 years in prison and/or $3,000 to $750,000 in fines.
- Level 1 Felony: Between eight to 32 years in prison and/or $5,000 to $1 million in fines.
For a misdemeanor, if it is your first charge, you may be eligible for a pretrial diversion program. Instead of going through a trial, your case will be delayed until after you complete a drug diversion program, which may include counseling, treatment, and probation. After completing the program, you may have your charges dismissed. This is also an option for low-level drug felonies, allowing defendants to avoid prison time with probation and substance abuse treatment.
Here in Colorado Springs, the 4th Judicial District Recovery Court will oversee your case and determine if you are eligible for a diversion program or deferment. Your lawyer can work with the district attorney to explore your options, but our team may be able to fight your case to get you a complete dismissal.
Beating a heroin-related charge will depend on the evidence against you. At The Bussey Law Firm, P.C., we will explore every option to give you the strongest defense possible. Our trial attorneys are comfortable in the courtroom and can skillfully present your case before a jury to get a complete acquittal. We may use several defenses on your behalf, including:
- You were not aware that you possessed heroin.
- The heroin in question belonged to someone else.
- You had no intent to sell heroin.
- There was not enough heroin to be used.
- You did not willingly use heroin.
- Police officers performed an illegal search and seizure.
If you or someone you love has been arrested for a heroin-related charge, do not give up hope. Our team of Colorado Springs criminal defense attorneys at The Bussey Law Firm, P.C., can provide the aggressive and thorough defense you need right now. We can sit down with you in a free, confidential consultation to explain your rights. To discuss all of your options, call us at (719) 475-2555.