Drug charges are among some of the most commonly charged criminal actions. If you have been charged with a drug crime, you face potentially severe penalties including substantial fines and incarceration. The State of Arkansas has made a point to crack down on criminal infractions related to controlled substances. If you are facing a drug crime charge and end up convicted, state prosecutors will be looking to enforce the harshest possible sentences. Get trusted criminal defense counsel by your side as soon as possible to prevent a criminal charge from turning into a conviction.
The Most Common Drug Crimes in Arkansas
Drug possession is one of the most common drug crimes. Under Arkansas criminal laws, three elements must be present for a person to be found guilty of this crime:
- The person must have “possessed” the substance. This means that the person was in charge of the substance, exercised ownership rights over the substance, or was in control over the substance. The individual may also have had “constructive possession” over the substance. This means that you do not need to have actually been in physical possession of the substance. Having control over the substance is enough even if it is not directly on your person.
- The substance must have been designated under Arkansas law as a “controlled substance.”
- The person must have had knowledge of the substance’s presence.
Another common drug crime that is a notch above simple drug possession in terms of severity is possession with intent to deliver. For purposes of this criminal charge, delivery may refer to selling the controlled substance or merely delivering them to someone else. The penalties for possession with intent to deliver can be significantly more severe than those associated with simple drug possession.
Possession of drug paraphernalia is also a common drug crime. There are two main categories of drug paraphernalia. One of them includes items used to inject, inhale, or bring the controlled substance into the body another way. Possession of this class of paraphernalia is considered a Class A misdemeanor. If the paraphernalia is associated with cocaine or methamphetamine, then it may be considered a Class D felony. The other category of drug paraphernalia involves any item that is used to produce, grow, manufacture or is related to the preparation or creation of a controlled substance. This type of drug paraphernalia can land you facing a Class D felony if found in your possession. If the controlled substances are cocaine or methamphetamine, then you face a Class B felony
Penalties for those convicted of a drug crime generally depend on the amount of the controlled substance involved as well as the nature of the controlled substance involved. Additionally, your prior criminal records may be considered during sentencing. Some with past criminal infractions will be ineligible for alternative sentencing and face enhanced penalties for subsequent convictions. The use or possession of a deadly weapon is also likely to result in harsher penalties.
Criminal Defense Attorney
Facing a criminal drug charge is a serious matter. It is not, however, the time to lose all hope. You can successfully fight drug charges and prevent them from turning into convictions. That’s what the Law Offices of Bryce Cook does. We fight for our clients by mounting the most rigorous criminal defense possible. Contact the Law Offices of Bryce Cook today.