with a lawyer what could i get for a first felony drug offense

by Deborah Rolfson 6 min read

In case you are convicted of a first-time felony offender punishment, you must seek help from an experienced criminal defense attorney. If you have a strong case and evidence that shows that the felony was carried out to protect yourself or your family, then you may be charged with the least punishment, and the court may show leniency for you.

Full Answer

What is the punishment for a first offense felony drug charge?

As mentioned, felony charges, even first offense felony drug charges, will lead to serious criminal punishments. These will involve at least one year in prison and higher criminal fees.

What are the first-time felony charges in Florida?

Here are some examples for the first-time felony charges: First-degree sexual assault: 5-50 years in prison Possession of 3 or more ounces of marijuana: up to 5 years in prison, along with fines Burglary is punished by up to 10 years in prison and a fine up to $10,000

How much jail time do you get for a drug charge?

For instance, a possession felony drug conviction may result in 2 years in prison and a criminal fine of several thousand dollars. The exact amount of fines and the exact prison sentence length will depend on several factors.

What should I do if I’m facing felony drug charges?

It may be in your best interests to consult with a criminal law attorney in your area if you’re facing felony drug charges. Your attorney can provide you with legal advice, and can help build a case for your trial.

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What is the penalty for a Class I felony in Wisconsin?

According to Wis. Stat. § 939.50, a Class I felony is punishable by up to 3 ½ years in state prison, fines up to $10,000, or both imprisonment and a fine.

Is possession of drug paraphernalia a felony in Wisconsin?

Wisconsin law typically considers possession of drug paraphernalia a misdemeanor. Although a misdemeanor is not considered as serious as a felony charge,, you may still face jail time and any conviction could have consequences for you later in life.

What is a DF4 in Colorado?

What is a DF4 Drug Crime? The DF4 drug crimes in the state of Colorado are: 18-18-403.5- Possession of Schedule I/II narcotics. 18-18-405- Distribution /manufacture/ possession with intent to distribute 4 grams or less of Schedule III/IV.

Is selling drugs a felony in Wisconsin?

The sale or distribution of drugs is a felony, and the amount of possible jail time varies depending on the amount of drugs discovered during the criminal investigation. At the lowest end of the spectrum, an individual found with 200 grams or less faces up to three and a half years in jail.

What is the charge for possession of drug paraphernalia?

A first-time offense for selling illegal drug paraphernalia is a Class A misdemeanor, punishable by up to 1 year in jail and up to a $4000 fine. A subsequent offense for selling illegal paraphernalia can lead to a felony charge, which is punishable by 90 days or up to 1 year in jail or prison and a fine of up to $4000.

Are dabs a felony in Wisconsin?

THC Vape Pens or Dabs/Wax/Oil & possession & distribution thereof in Wisconsin. First offense possession of dabs (and all concentrated forms of THC) is a misdemeanor in Wisconsin, and any subsequent offense is a felony.

How much drugs is a felony in Colorado?

Typically, drug use and drug possession charges are a misdemeanor in Colorado. However, possession charges can be bumped up to a felony when it involves more than four grams of a schedule I or II drug. Colorado drug laws tend to favor treatment or rehab over jail time.

What is a Level 1 drug felony in Colorado?

A level 1 drug felony is a class of Colorado drug crime punishable by 8 years to 32 years in prison and/or fines of $5,000.00 to $1 million. But the minimum prison term is 12 years if there are aggravating circumstances. Convictions can never be sealed from the defendant's criminal record.

What are the new drug laws in Colorado?

The new law, which goes into effect March 1, 2020, will make drug possession a class 1 drug misdemeanor. That means someone who has any schedule 1 or 2 drugs like, cocaine, heroin, or methamphetamine will only face the possibility of 6 months to 18 months in the county jail.

How much coke is a felony in Wisconsin?

First offense cocaine possession in Wisconsin is a misdemeanor with a maximum fine of $5,000 and up to a year in a county jail. However, a first offense possession of cocaine with intent to distribute less than 1 gram is a Class G felony carrying penalties of up to $25,000 and 10 years in state prison.

How much time do you get for selling Class A drugs?

The maximum sentences for possession of each class of drug are: up to seven years in prison or an unlimited fine (or both) for a Class A drug. up to five years in prison or an unlimited fine (or both) for a Class B drug. up to two years in prison or an unlimited fine (or both) for a Class C drug.

What is possession of narcotic drugs in Wisconsin?

If a person possesses or attempts to possess a controlled substance included in schedule I or II which is a narcotic drug, or a controlled substance analog of a controlled substance included in schedule I or II which is a narcotic drug, the person is guilty of a Class I felony.

What Are Some Examples of Felony Drug Charges?

Some common examples of charges for felonies involving drugs include: 1. Possession of drugs over a certain amount: Possessing large quantities of...

What Are The Legal Consequences of Felony Drug Charges?

Felony drug charges usually result in very high criminal fines (in the thousands of dollars), as well as a sentence in prison of at least a year. S...

Do I Need A Lawyer For Help With Felony Drug Charges?

Felony drug charges can be very difficult to deal with due to their serious nature. It is in your best interests to work closely with a criminal la...

What is a first degree felony in Texas?

A first degree felony is the second-most severe criminal offense in Texas. Only capital felonies are more severe.

What are the penalties?

A conviction for a first degree felony carries the following penalties: between 5 years and life in prison, and/or up to $10,000 in fines.

What are the collateral consequences of a conviction?

People convicted of a first degree felony can: lose their right to vote, lose their right to own or possess firearms, be stripped of professional c...

How long can you be in jail for a first degree felony?

Most felony statutes suggest a range for imprisonment. For example, first-degree sexual assault has a range of five to fifty years. If this is your first offense, you have ...

How long does a felony go to jail?

In some states, there are classes of felonies, which have standardized punishments. So, a Class 2 felony in some states might carry 5-10 years in prison as punishment. A Class 3 felony might carry 10-15 years. The law then identifies the class for each crime.

How long is a Class 3 felony in Wyoming?

A Class 3 felony might carry 10-15 years. The law then identifies the class for each crime. Wyoming is different. We set punishment based on the offense for first-time felony offenders. So there are no “classes” of felonies. To better understand how much time in prison you are facing, you will need to closely analyze the punishment available ...

What is the worst crime in Wyoming?

Felonies. A felony is the worst crime you can be convicted of in Wyoming. Many people contact us to ask what the likely punishment will be for first-time felony charges. This question has a complicated answer, which we will look into more closely below. Although it is true that a first-time offender is likely to receive a lenient sentence, ...

What is the first time offender statute in Wyoming?

Wyoming has a first-time offender statute found at WY Stat § 7-13-301 that can sometimes come into play if you have been convicted of a first offense felony. The law typically applies to people accused of misdemeanors, which are less serious than felonies.

What are the penalties for a felony?

Here are some examples for the first-time felony charges: 1 First-degree sexual assault: 5-50 years in prison 2 Possession of 3 or more ounces of marijuana: up to 5 years in prison, along with fines 3 Burglary is punished by up to 10 years in prison and a fine up to $10,000 4 First-degree arson is punished by up to 20 years and a fine up to $20,000

How much is the penalty for arson?

First-degree arson is punished by up to 20 years and a fine up to $20,000. You can try to do legal research on your own, or you can meet with a criminal defense attorney to better understand what punishment you are facing.

What to do if you are convicted of a first time felony?

In case you are convicted of a first-time felony offender punishment, you must seek help from an experienced criminal defense attorney. If you have a strong case and evidence that shows that the felony was carried out to protect yourself or your family, then you may be charged with the least punishment, and the court may show leniency for you. ...

How long can you go to jail for a felony?

Class B a felony conviction can put you in jail for 25 years or more.

How long is a Class C felony in jail?

Class C felony would lead you to serve jail time from 10 to 25 years, whereas for class D felony conviction, you would have to serve a jail 5-10-year jail term. In some exceptional cases, the punishment can exceed the prescribed time period, such as: Sexual assault: 5 to 50 years of jail time.

How long do you go to jail for sexual assault?

If you have a strong case, and the attorney knows how to tackle the situation in court, you may only get a five-year jail term. But remember, the court may show some leniency ...

How long is a marijuana conviction?

Burglary or theft can put you in prison for 10 years with fine up to $10,000. First-degree arson conviction may lead you to jail for more than 20 years and a fine of $20,000.

Can a first time felony lead to probation?

If you meet the requirements, then your first-time felony offense can lead you to probation. But the statute doesn’t apply to serious felonies like murder, arson, and battery. In conditions where probation comes into effect include: Acquiring permission from the court prior to leaving the state.

Can a judge put you in jail?

To make a substantial impact, the judge may put you in prison or compel you to pay hefty fines. In such a situation, you may have to hire an attorney who can convince the judge to review the felony charges against you and the reasons behind the conviction.

How much jail time is there for a first degree felony?

A conviction for a first degree felony carries the following penalties: between 5 years and life in prison, and/or. up to $10,000 in fines. The fines for certain drug cases can be higher. A prior criminal conviction can increase the potential jail time. For example: The minimum jail sentence can be raised to 15 years.

How long do you have to go to jail for a first degree felony in Texas?

First Degree Felonies in Texas. Felonies in Texas Criminal Law » First Degree Felonies in Texas. Most first degree felony convictions come with a minimum of 5 years in jail. First degree felonies are the second-most severe type of crime in Texas.

What is probation in prison?

Probation is an alternative to serving time in jail. Some defendants convicted of first degree felonies can be put on probation rather than sent to prison. Probationers have to meet all of the requirements of their probation. These depend on the details of their conviction.

What is a first degree felony in Texas?

First degree felonies are the second-most severe type of crime in Texas. Most convictions come with a minimum of 5 years in jail. Convictions can carry up to a life sentence. Some examples of first degree felonies are: aggravated robbery (Penal Code ... 10 places you cannot conceal carry in Arizona.

Can a first degree felon be sentenced to probation?

In some first degree felonies, the judge cannot sentence a defendant to probation, alone. These felonies used to be listed at the Texas Code of Criminal Procedure 42.12 (3) (g). They are now listed at Article 42A.054. However, they are still referred to as 3G offenses after their original place in the code.

Can a second degree felony be enhanced?

Some second degree felonies can be enhanced into first degree felonies. The enhancement is often due to the context surrounding the alleged offense. In drug cases, the enhancement usually comes from extremely high volumes of drugs. In violent crimes, it usually comes from extreme violence or if children were involved.

How long can you go to jail for a felony in Texas?

Instead of receiving the maximum sentence, which can be two to 99 years in jail, depending on the felony classification, convicted individuals undergo rehabilitation for addiction and counseling. The court may also mandate community ...

What is the goal of the first offender program?

The goal of any state's first-offender program is to successfully rehabilitate criminals with minimal punishment. Instead of jail time and a hefty fine, convicted individuals can serve sentences of community service, take courses or counseling, and pay a small administrative fee.

What is the first offender program in Tarrant County?

Some counties offer first offense programs of their own. For example, the first offender program in Tarrant County is a plan for non-violent felony drug offenses. Candidates for this program must have no convictions or pending cases of any crime other than a Class C misdemeanor.

Can you be a first time offender in Texas?

These are the central questions behind first-time offender laws in Texas. If you commit a misdemeanor or felony and you have an otherwise clean record, you may be eligible for a first-time offenders program in Texas. These programs allow for leniency in sentencing, often helping the defendant to avoid jail time.

How to learn the sentence for a first degree crime?

To learn the sentence for a particular first-degree crime, you would refer to the statute that states the sentence for all first-degree offenses. But if the crime is identified as an unclassified crime, the sentence will be right in the statute defining the offense.

What are the classes of felony?

Felony Classes: Charges and Penalties. For purposes of assigning sentences to each felony offense, many states divide felonies into subcategories. Others assign sentences on a crime-by-crime basis, and some use a hybrid approach. By Janet Portman, Attorney. Defend your rights.

How do felonies differ from misdemeanors?

Felonies and misdemeanors differ in significant ways: Prison versus jail. In general, felonies carry a potential sentence to state prison; misdemeanors, by contrast, involve possible incarceration in a county or local jail. Length of incarceration.

How long is a misdemeanor sentence?

In most states, misdemeanor sentences are not longer than one year, whereas felony sentences are longer. Many states define felonies as any crime with the possibility of incarceration of a year or more and up to life. In states that have the death penalty, certain felonies can also result in a sentence of death. Ramifications post-conviction.

How do states classify felonies?

How States Classify Felony Crimes. For purposes of assigning sentences to each felony offense, many states divide felonies into subcategories. Others assign sentences on a crime-by-crime basis, and some use a hybrid approach, as explained below. To get more information in your state, jump ahead to felony classification laws by state.

How many levels of felony are there in Kansas?

Congress has adopted a system for federal felony offenses that is similar to the grid used in Kansas. Each felony is assigned to one of 43 "offense levels." And each defendant is placed in one of six "criminal history categories." The point at which these assignments intersect is the offender's sentence range, contained in the federal sentencing guidelines. Judges use these guidelines as a starting point when imposing a sentence. For more about the federal system, see Federal Sentencing Guidelines.

What is the sentencing system in Kansas?

This means that a crime that did not involve heinous facts, committed by a first-time offender, will be punished less severely than the same offense committed in a brutal way by a repeat offender.

What makes a misdemeanor a felony?

The biggest factors that turn a misdemeanor drug charge into a felony are the type of drug, amount, and prior convictions. Prison time and fines will vary greatly from case to case, as all aspects of the incident are taken into consideration when making a decision.

How long is incarceration for drug possession?

However, incarceration time is most likely going to be longer than a year and a $500+ fine . The amount of time and money or even community service or other punishments that will accompany a felony charge of drug possession will depend on criteria discussed, such as how much, what type of drug, and any previous offenses.

What are the two conditions of a scenario where someone is caught with drugs on their possession?

Drug Possession. The two conditions of a scenario where someone is caught with drugs on their possession that determine the severity of the charge is the amount and what type of drug it is. Lesser drugs like marijuana are going to come with less charges than something more serious such as meth.

Why are different schedules of drugs important?

The different schedules of drugs are important to know, as it will impact the severity of the punishment depending on how serious the drug is classified by the government. The charge will more likely than not be handled within the state, unless drugs have crossed state lines.

What is trafficking drug?

Trafficking drugs covers quite a few types of charges that could arise, ranging anywhere in the process of the production and distribution of drugs. What’s most likely to take a drug charge from a lesser charge to trafficking is the amount that they have.

What is Schedule I drug?

Schedule I. These drugs have a high risk of being abused and offer no real medical value, at least according to the U.S., meaning there’s no reason someone should be in possession of these drugs without the intent of abusing them. These drugs include: Heroin. LSD.

Is possession of drugs a crime?

It’s also notable that while all of these drugs are controlled substances, possession of them isn’t necessarily a crime.

What are the penalties for a first time DUI?

While this does happen with most first-time DUI offenders, the court may assign other penalties as conditions of that probation, some of which include the following: Possible time in jail, depending on the laws of your state. A driver’s license suspension. Fees and fines.

What are some examples of misdemeanor DUI?

Driving on a revoked or suspended license. Excessive speeding. Reckless driving. As another example, if a driver has an open container of alcohol in their vehicle , they might still be charged with only a misdemeanor DUI, but the subsequent fine or jail sentence may be increased.

What happens if you get picked up for DUI?

If you get picked up for a first DUI, it’s not unfair to assume that you will receive probation if you are convicted. While this does happen with most first-time DUI offenders, the court may assign other penalties as conditions of that probation, some of which include the following: 1 Possible time in jail, depending on the laws of your state 2 A driver’s license suspension 3 Fees and fines 4 Raised car insurance rates 5 Community service 6 Mandatory attendance in a drug/alcohol treatment program or DUI school 7 Possible use of an ignition interlock device (IID) in your vehicle

What is the administrative element of DUI?

The administrative element of DUI charges is also something first-time offenders need to consider, often seen through the loss of driving privileges due to a license suspension.

What are the aggravating factors for a first DUI?

In general, a first DUI charge is considered a misdemeanor, leading to community service, fines, a license suspension, and probation in many cases. However, there are other factors that can affect the nature or level of your charge, leading to greater penalties and sentences.

How to get your license back after a DUI?

To get your driver’s license back quickly after losing it to a DUI conviction, it’s likely you will need to deal with a criminal law judge and an administrative law judge. If you are caught driving out on the road while you have a driver’s license suspension, you will only find yourself facing new fines and charges.

Why do employers not hire you for DUI?

Some employers will choose not to employ you, because they see you as a liability and a safety risk or because there is a chance of their insurance rates potentially increasing .

What are the defenses for a felony?

Depending on what Class C felony the defendant is charged with and the laws of the jurisdiction, they may be able to raise a number of defenses, such as: 1 Self-defense or defense of another party; 2 Lack of proof or evidence; 3 Mistaken identity; 4 Lack of intent; 5 Alibi; and/or 6 Mitigating factors.

What are some examples of felony offenses?

Some other examples of felony offenses include robbery, bribery, arson, and forgery. In addition, felony convictions also have the farthest-reaching consequences and can affect an individual’s life long after they have served their time and paid any fines.

What are the subcategories of felony crimes?

Depending on the jurisdiction, felony crimes are often further divided into separate subcategories by either letters or numbers. For example, states that use an alphabetical system like New York will use subcategories, such as Class A, Class B, Class C, and so forth, to denote the severity of the crime. Class A felonies are usually crimes that ...

What is a Class C felony?

Accordingly, a Class C felony is a subcategory of felony crimes that apply to criminal offenses that are serious, but are not as serious those classified as Class A/1 or Class B/2 felonies. Also, while Class C crimes are still felonies, the legal penalties are not as harsh as the ones reserved for Class A/1 or Class B/2 felony convictions ...

What is the least serious crime?

Generally speaking, infractions tend to be the least serious out of the three main categories of crimes. In most cases, an infraction will only result in having to pay a fine. A common example of an infraction is a standard parking ticket. Misdemeanors are the second category that crimes may fall under and are midway between infractions ...

How long does a Class C felony go to jail?

The standard amount of Class C felony jail time that a convicted defendant may need to serve is usually somewhere in-between two to five years. However, it is possible to get a longer sentence. Some other penalties for Class C felonies include monetary fines, parole, probation, restitution, and/or community service.

What are some examples of misdemeanors?

Some examples of misdemeanors include petty theft, simple battery, and criminal mischief. Lastly, as previously mentioned, crimes that are classified as part of the third category of crimes (i.e., felonies) involve the most serious offenses and penalties. For example, in some states, defendants convicted of felony first-degree murder can be ...

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