If you are someone who was recently arrested and charged with drug possession, you are likely going to be interested in knowing what kind of sentence you could be facing. Several different factors can influence the total amount of time you can expect to face. One of the main things that are factored into the sentencing would be the charges and their severity. More specifically, the total amount of drugs that they have alleged were in your possession at the time of your arrest and whether or not it is your first time being arrested. The length of a sentence for this type of possession on average is typically around 20 months for a state charge. Whereas, if you were charged with federal possession, you would be facing an average of 81 months. The main difference between the two is the fact that you are much more likely to be severely charged on a federal level as opposed to a state level. If you find yourself in a position where you are faced with these types of possession related drug charges, you should contact the Law Office of Birrel Criminal Defense right now. Not only do we offer free consultations, but we can provide you with accurate details and advice on what kind of case you have.
The Potential Average Sentences for Possession of Drugs:
You will find varying degrees of charges when it comes to criminal possession of controlled substances. This type of possession in the 7th degree is classified as a class A misdemeanor which comes a maximum of 1 year of jail time. Whereas, this type of possession in the 5th degree is classified as a Class D felony which comes with a maximum potential sentence of 4.5 years. Possession in the 4th degree is classified as a class C felony and it comes with a maximum sentence of 9 years. Whereas, possession in the 3rd degree is something that comes with a maximum sentence of 17 years being classified as a class A-II felony. Lastly, possession in the 2nd degree comes with a maximum sentence of 25 years to life due to it being classified as a class A-I felony.
As you can probably tell, the maximum sentences that have been discussed above are usually a lot higher than the 20-month average. This is why you want to discuss with an experienced attorney about your case to ensure you get the best possible representation. Having an experienced attorney will help to ensure that you can get optimal representation and the best shot at getting a “not guilty” verdict. Otherwise, they present the best chance as the most lenient sentence. By not giving yourself professional representation from an experienced attorney, you will be doing yourself a disservice by giving yourself a greater chance of a much more harsh sentence.