Any drug charges in Colorado are serious criminal charges. Facing a serious drug offense can impact your entire future. You need the help of an experienced and aggressive firm on your side. And the quicker you can get legal advice, the more options you will have for your defense.
Whether you were caught in possession with intent, or if you are being charged with distribution, you likely know you are facing some serious consequences for these felony level offenses.
Being in court alone can be very frightening; you don’t need to be alone and you don’t need to face these charges with anything less than a experienced drug defense attorney representing your interests.
We have defended many clients against serious drug charges like these. We know what you are up against and how to best defend you in court.
We are interested in your case and what happened the day of your arrest. We want to hear your side of things and we want to be certain the judge hears your side too.
You deserve fair treatment and justice under the law. Call us so we can help insure that you get the fair hearing and defense for which everyone has a Constitutional right. And find out exactly what we can do to help as part of a free legal defense consultation.
Colorado Drug Possession with Intent Laws
Possession with intent to distribute is charged as severely as distribution or sale of a controlled substance. The prosecution may determine that you should be charged with this offense by several circumstances surrounding your arrest.
How the prosecution determines your intent:
If when you were caught you also had scales, baggies, or a large amount of cash in your possession, this could all be used as evidence of your intention to distribute the drugs. Also, if the drugs were already separated into smaller portions, this is a good indication to the police and the state prosecutor that the substance wasn’t just for personal use.
Drug Classifications
The substance you are allegedly caught with is used to determine what kind of sentence you will be facing. When charged with possession with intent, typically you were caught with a “Schedule 1” or “Schedule 2” substance. These classifications are used to categorize drugs by how harmful they are.
Schedule I drugs include those that are the most dangerous and have a high risk of addiction or dependency and no legitimate medical use. Drugs included under this heading include LSD, marijuana, heroin, mescaline, and peyote.
Schedule II substances still have a high risk of abuse but may have legitimate medical uses. These include things like opium, cocaine, methadone, methamphetamines, and amphetamines
If you are caught with one of the substances listed above, the next thing the prosecution will take into consideration when deciding how to charge you is the amount you were caught with and the circumstances surrounding your arrest.
For possession with intent to distribute or even for distribution charges, the prosecution will charge you with a Class 3, Class 4, or Class 5 felony depending on the circumstances.
Colorado Drug Possession with Intent Penalties
If you are charged with a Class 3 felony:
| And had this amount in your possession: | You face an elevated sentence of: |
| More than 1 ounce and less than 1 pound | At least 4 years and up to 16 in prison |
| More than 1 pound and less than 1 kilogram | At least 8 years and up to 32 years in prison |
| More than 1 kilogram | Up to 32 years in prison |
These are extremely high sentences. You may also be charged with a Class 4 or Class 5 felony possession with intent, in which case the sentence would be shorter but still lengthy, and will include prison time. Call for details on any of these felony drug penalties in Colorado.
Ref: CRS 18-18-405 and 18-1.3-401
Free Consultation on Any Colorado Misdeameanor or Felony Drug Offense
Colorado drug laws are very confusing. Because there are so many exceptions and mandatory minimum guidelines, the only way to know for certain what kind of time you may be facing is to contact a qualified and experienced attorney.
And there are always options. In many cases, the police and prosecutors “overcharge” intent when a simple drug possession offense is the proper charge under the law. We can argue that the drugs were for personal use, and not distribution, and will attempt to get prison penalties off the table whenever possible.
And of course, police make mistakes in these cases all the time. If your rights are violated in the search and seizure, your charges should be dismissed.
We know you are under a lot of stress and we can help ease that burden by providing the hard hitting defense you need on your day in court.
Call for a consultation today on your Colorado drug charges.