Drug crimes are some of the most common criminal offenses in the Commonwealth of
Virginia, from possession and distribution to manufacturing and trafficking. Getting
convicted of a drug crime can result in serious criminal penalties, including a
long
period of incarceration and a permanent mark on your criminal record that
will negatively
impact your life. In order to avoid conviction or a harsh sentence,
you must hire
an experienced
criminal defense
attorney.
If you or a loved one is facing drug charges in Virginia, look no further than
Protogyrou Law
to defend you inside and outside the courtroom. Our Norfolk drug crime attorneys
have over a century of combined legal experience – which includes spending years
on the outside side of the courtroom as former prosecutors – and has handled thousands
of cases in state and
federal
courts, including appellate court and the U.S. Supreme Court. No matter what type
of drug charges are filed against you, you can count on our Norfolk drug crime
defense
lawyers to fight for you from start to finish.
Do not wait to contact ustoday at (757) 267-6611for a free consultation with our Norfolk drug crime lawyers.
Types of Drug Offenses in Virginia
Our Norfolk drug crime attorneys handle the following types of drug crimes:
Drug possession with intent to sale or distribution
Drug transportation
Drug Schedules in Virginia
In Virginia, drugs are classified according to five “schedules” -- similar to federal drug laws:
Schedule I controlled substances
(e.g., heroin, LSD, ecstasy, and psilocybin [magic mushrooms]) and
Schedule II controlled substances
(e.g., cocaine, methamphetamines, oxycodone, PCP, and fentanyl) are considered the
most addictive with the least accepted medical use.
Schedule III
(e.g., Vicodin, ketamine, steroids, etc.) through
VI substances
are not as addictive with some and wide accepted medical use.
What are the Penalties for Drug Crimes in Virginia?
1.
Possession of a small amount of either a Schedule I and II narcotic is a
Class 5 felony.
Punishable by:
Imprisonment
OR Jail Sentence + Fines
Up to 10 years
Maximum 12 months, and fines not exceeding $2,500
2. Possession of small amount of a Schedule III substance is a
Class 1 misdemeanor.
Punishable by:
Jail Sentence
Fines
Up to 12 months
Fines not exceeding $2,500
3. Possession of a Schedule IV drug is a
Class 2 misdemeanor.
Jail Sentence
Fines
Up to 6 months
Fines not exceeding $1,000
4.
Possession of a Schedule V drug is a
Class 3 misdemeanor.
Fines
Fines not exceeding $500
5.
Possession of a Schedule IV substance is a
Class 4 misdemeanor.
Fines
Fines not exceeding $250
Whether it’s possession with intent or trafficking, these drug crimes are often felony
offenses. However, if a drug crime involves a significant amount or an operation
across multiple states, then you may face federal charges, which carry harsher
penalties,
including a long federal prison sentence.
What Are the Defenses Against Drug Crime Charges?
When facing drug crime charges in Norfolk, it’s crucial to understand that there
are several potential defenses that may be raised, depending on the specifics of
the case. Each case is unique, and the most effective defense will depend on the
details of the arrest, the nature of the charges, and the evidence collected.
One of the most common defenses is challenging the legality of the search and seizure.
The Fourth Amendment protects individuals from unlawful searches, and if law enforcement
conducted an illegal search, any evidence gathered may be inadmissible in court.
If the drugs were found during an improper search, this could lead to a dismissal
of the charges.
Another defense is to question whether the accused had knowledge or control of the
drugs. In many cases, a person may be unaware that drugs were in their possession,
especially in situations involving shared spaces, vehicles, or residences. Establishing
a lack of knowledge or intent can be a strong defense.
Chain of custody issues can also serve as a defense. The prosecution must prove that
the drugs presented as evidence are the same ones seized at the time of arrest
and
that they were not tampered with. Any mishandling or gaps in the chain of custody
can cast doubt on the integrity of the evidence.
Norfolk Drug Crime Lawyers Ready to Fight for Your Freedom
Just because you have been arrested does not mean you are guilty of the charges you
face. With our firm’s help, we can help you get the most favorable result in court.
Let us listen to your story, examine your case, and figure out all your legal options
to avoid conviction and get your life back on track.
Contact ustoday at (757) 267-6611for more information about our experienced and personalized drug crime defense services.
Quality Legal Representation
Each attorney of the firm has handled the highest profile cases often found in the newspapers and evening news. Protogyrou Law has won numerous awards – including Super Lawyers and Virginia Business Legal Elite – for our dedication to our clients and our proven track record of success.
When you seek legal assistance, you’re looking for a winning outcome. We understand. And we know the best result always comes from being prepared.
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I Would Have to Say, You've Outdone Yourself
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Mr. Protogyrou,
I would have to say that you have outdone yourself, and I’m grateful to you. By you writing my prosecutor, Mrs. Laura Tayman, about me and telling her of my assistance in the Michael Jordan trial, and assisting the prosecutor Mr. Jim Metcalfe, made me feel for me receiving my motion for my rule 350.
Mr. Protogyrou, by you being close to this institution, or prison, everyone has kept their eyes and ears on every lawyer from Norfolk to Richmond. Whenever your name is mentioned, the inmates here already know that you will fight for your clients, and in most of your cases that went to trial, you were victorious. I do believe that you will do the same for me."
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