Virginia Beach Drug Defense Lawyer

Down-to-Earth Representation From a Former Public Defender

Drug charges are some of the most serious you can face, especially if the accusations against you involve large amounts of drugs or alleged distribution of the drugs. Drug charges and convictions also often carry negative social stigma.

At Top Tier Law Group, we firmly believe in the humanity of our clients. Our drug defense lawyer is a down-to-earth advocate and former public defender who personally understands the turmoil of a criminal charge – and the desire to leave your past behind you.

Our firm brings quality legal experience without the stereotypical pomp of a stiff law firm. We will not judge you based on your charges. Trust that we will facilitate a laid-back environment in the office so you can speak comfortably with our attorney as we work together to build your defense.

Penalties for Drug Distribution

Under Virginia Code § 18.2-248, it is unlawful for anyone to manufacture, sell, distribute or possess with the intent to distribute any controlled substances. Distribution of drugs or possession with intent to distribute carry much harsher penalties than simple possession, as our drug defense lawyer can explain to you.

The specific sentence will depend on the type of drug and the amount in possession for the purposes of distribution.

Schedule I and II: 5-40 years in prison and a fine of up to $500,000 for a first offense; 5 years to life in prison and a fine of up to $500,000 for a second offense
Methamphetamine: 5-40 years in prison and a fine of up to $500,000 for a first offense; 10 years to life in prison and a fine of up to $500,000 for a second offense; 10 years to life with a mandatory 3 years in prison and a fine of up to $500,000 for a third offense
Schedule III: Class 5 felony punishable by 1-10 years in prison or up to 12 months in jail and a fine of up to $2,500
Schedule IV: Class 6 felony punishable by 1-5 years in prison or up to 12 months in jail and a fine of up to $2,500
Schedule V: Class 1 misdemeanor punishable by up to 12 months in jail and a fine of up to $2,500
Large volume dealers: Minimum sentence of 20 years in prison to life and a fine of up to $1 million

Our Drug Defense Lawyer Will Work Tirelessly for You

Naturally, the penalties can increase if the circumstances are more severe. For example, transporting controlled substances is a separate felony offense with different penalties for different amounts.

In particular, transporting a controlled substance with the intent to sell or distribute at least 1 ounce of cocaine, a Schedule I or II substance, or 5 or more pounds of marijuana into Virginia may result in 5-40 years in prison and up to $1 million in fines.

Virginia Marijuana Laws

Like many states, Virginia has separate statutes addressing marijuana-related activity. Possession of marijuana penalties will vary according to the following amounts:

Less than 0.5 ounces (first offense): Misdemeanor punishable by up to 30 days in jail and a fine of up to $500
Less than 0.5 ounces (second offense): Class 1 misdemeanor punishable by up to 12 months in jail and a fine of up to $2,500
More than 0.5 ounces: Class 5 felony punishable by 2-10 years in prison and/or a fine of up to $2,500

Distribution of marijuana is also punishable based on the amount:

1 ounce to 5 pounds: Class 5 felony punishable by 1-10 years in jail
5 pounds to 100kg: Felony punishable by 5-30 years in prison
More than 100kg: Punishable by 20 years to life in prison, with 20 years being the mandatory minimum sentence.

More Severe Penalties Are Possible

Note that the penalties will increase for those with multiple convictions for distribution. The penalties may also increase if the defendant distributed or sold marijuana to a minor under 18 years old or within a drug-free zone, such as close to a school. Our drug defense lawyer can defend you in these circumstances.

More severe situations will also result in further penalties, as in the case of distribution of other controlled substances.

For example, transporting 5 pounds or more of marijuana into Virginia with the intent to distribute it is a felony punishable by a mandatory minimum sentence of 5 years and a maximum sentence of 40 years, as well as a maximum fine of $1 million. A second or subsequent conviction raises the mandatory minimum sentence to 10 years.

Never Feel Alone With Our Drug Defense Lawyer on Your Side

If you are facing drug charges, whether for possession of marijuana or for distribution of a controlled substance, contact Top Tier Law Group immediately for legal representation. Let our experienced drug defense lawyer combat your accusations and strategize a favorable deal for mitigated charges, if possible. Contact us today to start with a free consultation.

Controlled Substances Schedule & Classification

Virginia classifies illegal substances into six different schedules based on their level of potential harm and potential for addiction. Schedule I is for the most dangerous and addictive drugs with no medical treatment use.

Some examples of drugs in their respective schedules are:

Schedule I: heroin, LSD, ecstasy
Schedule II: methamphetamine, cocaine, PCP, morphine
Schedule III: steroids, ketamine, Vicodin
Schedule IV: Valium, Xanax
Schedule V: codeine
Schedule VI: marijuana

Penalties for Possession

The penalties for possession will depend primarily on the schedule of the drug in question and on the defendant’s criminal history.

Schedule I, II: Class 5 felony punishable by up to 10 years in prison and up to $2,500 in fines
Schedule III: Class 1 misdemeanor punishable by 12 months in jail and up to $2,500 in fines
Schedule IV: Class 2 misdemeanor punishable by up to 6 months in jail and up to $1,000 in fines
Schedule V: Class 3 misdemeanor punishable by $500 in fines
Schedule VI: Class 4 misdemeanor punishable by $250 in fines

We should note that marijuana possession and use have much different and less severe potential punishments.

Note that Virginia enacts a drug treatment court program that provides treatment options instead of incarceration if the defendant qualifies for a probationary sentence. An experienced drug defense lawyer can help you pursue these possibilities.

Schedule a Free Initial Consultation Today

When accused of distributing drugs or possessing marijuana, we can defend you as your trusted drug defense lawyer. Schedule a free consultation with Top Tier Law Group today. Call us at (757) 945-0207 or fill out the online form. Trust that we will deliver a quick response.