Virginia Possession Defense Attorney

Drug offenses are taken seriously in Virginia. Depending on the type of substance and the circumstances surrounding the criminal incident, a drug offense can range from a felony to a misdemeanor. Possession of a controlled substance is a relatively common charge in Virginia, and the penalties for these offenses vary widely depending on the amount and type of substance involved. At Randall Page, P.C., our skilled attorneys have extensive experience helping clients in and around the Courtland, Suffolk, Emporia, and Lawrenceville areas. Our Virginia criminal defense attorneys will investigate every aspect of the charges against you so we can formulate a solid defense on your behalf.

Defining drug possession charges in Virginia

When we turn to Virginia Code 18.2-250, we can see that it is unlawful for a person to knowingly or intentionally possess a controlled substance without a prescription. However, as most people understand, there are a wide variety of controlled substances that are illegal to possess throughout the Commonwealth of Virginia. The charges and penalties associated with drug possession depend on the classification of the controlled substance a person is found with. Here, we want to list the different schedules of drugs and some of the types of substances within each schedule:

  • Schedule I controlled substances: heroin, psilocybin, LSD, and ecstasy.
  • Schedule II controlled substances: include cocaine, opium, morphine, oxycodone, fentanyl, and codeine.
  • Schedule III controlled substances: often includes anabolic steroids.
  • Schedule IV controlled substances: alprazolam (Xanax), clonazepam (Klonopin), or diazepam (Valium).
  • Schedule V controlled substances: drugs with lower amounts of codeine, such as prescription cough medicines.
  • Schedule VI controlled substances: other stimulant or depressant drugs that do not fall into the other schedules.

Additionally, a person could face drug possession charges if they are found to be in possession of a prescription medication that is not theirs. It is not uncommon for a person to be given a prescription medication by a friend or family member and then face charges if they are stopped by law enforcement officials.

What are the penalties for drug possession charges in Virginia?

The criminal charges and penalties for drug possession in Virginia will depend on a variety of factors, including the following:

  • The type of controlled substances (schedule)
  • The amount of controlled substance
  • The location where the violation occurred
  • Past criminal history

Here, we will list the maximum penalty associated with the various schedules of drugs mentioned above:

  • Possession of a Schedule I or Schedule II drug – Class 5 felony.
    • The penalties can include up to 10 years in prison and a fine of up to $2,500.
  • Possession of a Schedule III drug – Class 1 misdemeanor.
    • The penalties can include up to 12 months in jail and a fine of up to $2,500.
  • Possession of a Schedule IV drug – Class 2 misdemeanor.
    • The penalties can include up to six months in jail and a fine of up to $1,000.
  • Possession of a Schedule V drug – Class 3 misdemeanor.
    • The penalties can include a fine of up to $500.
  • Possession of a Schedule VI drug – Class 4 misdemeanor.
    • The penalties can include a fine of up to $250.

Contact our Virginia possession defense attorney today

If you or a loved one are facing possession charges in or around the Emporia, Suffolk, Courtland, or Lawrenceville areas, please seek assistance from Randall Page, P.C. today. Our dedicated and experienced team will get to work on your behalf immediately. Our goal is to get the charges against you reduced or dismissed altogether by conducting a thorough investigation into the incident and formulating the best defense strategy possible. When you need a Virginia possession defense attorney, you can contact us for a free consultation of your case by clicking here or by calling 757-517-8956.

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