Overview.
Drug charges are some of
today’s most common criminal charges. Drug charges
range from misdemeanors to Class A felonies.
Although drug charges are common the commonality
does not negate the very serious repercussions that
can affect your life. When faced with a drug charge
you need an attorney who is familiar with
alternative sentencing and has a working knowledge
of proper police procedure for effectuating drug
charges and arrests. Alternative Sentencing is a
type of sentencing that is imposed facilitate
rehabilitation, and to avoid incarceration in order
to alleviate over-crowding in correctional
facilities. Some types of alternative sentencing
are: rehabilitation through a drug court or program,
community service, probation, or house arrest. In
some cases completion of a drug program can result
in a dropped charge. The attorneys at The Beard Law
Group are prepared to guide you through each phase
of your drug charge, and advocate for the best
possible outcome.
There are several types of drug offenses that are punishable in Alabama such as:
Inchoate Drug Offenses
Inchoate drug offenses are those offenses attempted but not completed. Some examples of inchoate drug offenses are:
- Criminal solicitation to commit controlled substance crime.
- Attempt to commit controlled substance crime.
-
Criminal conspiracy to commit controlled
substance crime.
Drug Possession and Sale Offenses
Drug possession charges are those charges that occur when an illegal or controlled substance has been found in your possession whether it is active or constructive. Actual possession is where an individual has an illegal drug on their person, and constructive possession is where a person has knowledge of the illegal drug and the ability to access this contraband. Some examples of drug possession and sale offenses are:
- Unlawful distribution of controlled substances.
- Unlawful possession or receipt of controlled substances.
- Unlawful possession of marijuana in the first degree.
- Unlawful possession of marijuana in the second degree.
- Sale, furnishing, etc., of controlled substances by persons over age 18 to persons under age 18.
- Unlawful manufacture of controlled substance in the second degree.
- Unlawful manufacture of controlled substance in the first degree.
- Unlawful possession of anhydrous ammonia.
Drug Trafficking Offenses
Drug trafficking is considered to be the
importation or exportation of drugs across state
lines. Some examples of drug trafficking charges
are:
- Trafficking in cannabis, cocaine, etc.;
trafficking in illegal drugs; trafficking in
amphetamine and methamphetamine.
Punishments and Classes
- The punishment and classes for drug
trafficking offenses is largely dependant upon
the type of drug and the quantity.
Drug Paraphernalia Offenses
Drug paraphernalia can be any items that are used for the preparation or ingestion of illegal drugs such as pipes or syringes. A drug paraphernalia offense can be for any of the following:
- Drug paraphernalia; use or possession;
delivery or sale; forfeiture.
Penalties and Classes include but are not limited to the following:
- A possession with intent to use drug paraphernalia conviction is a class A misdemeanor. A Class A misdemeanor is one in which the sentence can be no less than one (1) year (which is generally served in the county jail in which you were arrested), and fine that may not exceed $6,000.00.
- A delivery or selling, possession with intent
to deliver or sell, or manufacture with intent
to deliver or sell drug paraphernalia conviction
is a Class A misdemeanor. A Class A misdemeanor
is one in which the sentence can be no less than
one (1) year (which is generally served in the
county jail in which you were arrested), and
fine that may not exceed $6,000.00. However, a
subsequent conviction is a Class C felony. A
Class C felony is one in which the sentence is
no less than two (2) years and no more than
twenty (20) years. A fine may also be imposed
for a Class C felony, but it may not exceed
$5,000.00.
*Information contained herein was derived from The Code of Alabama 1975
