Arrested for Drug Possession?

put a Virginia Beach Drug Crime lawyer on Your Side!

In Virginia, anyone who is caught in possession of drugs faces particularly harsh penalties. Prosecutors are ruthless when it comes to these cases and use every possible piece of evidence available to place blame on someone. Facing criminal charges, especially drug possession, should never be taken lightly. As board-certified Virginia Beach criminal defense lawyers, we have extensive experience defending clients and know the ins and outs of the trial process. We are ready to protect your rights!

Defining Drug Possession in Virginia

It is important to note that drugs do not have to be physically in one’s hands or in the pockets of your clothing to be charged with possession. Prosecutors need only prove that the person had control over the substances, can readily access it, or are located somewhere to where you have access.

In Virginia, each type of drug is classified by a schedule, with Schedule I drugs being the most serious.

These are the classifications and penalties of the different types of schedules:

  • Schedule VI:
    • Considered to have the lowest risk of abuse
    • Class 4 Misdemeanor
    • Fine up to $250
  • Schedule V:
    • Codeine-based cough and cold medications
    • Class 3 Misdemeanor
    • Fine up to $500
  • Schedule IV:
    • Prescription drugs
      • Examples: Xanax, Valium
    • Class 2 Misdemeanor
    • Up to 6 months in jail
    • Fine up to $1, 000
  • Schedule III:
    • Prescription drugs that may be highly addictive
      • Examples: Hydrocodone, Vicodin, Ketamine
    • Class 1 Misdemeanor
    • Up to 12 months in jail
    • Fine up to $2, 500
  • Schedule II:
    • Considered dangerous and highly addictive
      • Examples: PCP, methamphetamine, cocaine
    • Class 5 felony
    • Up to 10 years in prison
    • $2, 500 in fines
  • Schedule I:
    • Considered dangerous, highly addictive, and have no medicinal use
      • Examples: Heroin, ecstasy, GHB, LSD
    • Class 5 felony
    • Up to 10 years in prison
    • Fines up to $2, 500
  • Marijuana possession, if it is the first offense, is considered a misdemeanor and carries these penalties:
    • Up to 30 days in jail
    • $500 in fines

Speak to a Lawyer Today!

As Virginia Beach drug crime lawyers, our job is to find a solution meant to work out in your favor. Your case may have many defenses available, and we do everything in our power to challenge the prosecutor arguments. Did the law enforcement official act in accordance with the law during the arrest? Was the evidence obtained legally? Any errors could result in reduced charges and even a case dismissal!

Call George Holton Yates, Attorneys At Law, P.C. today at (757) 785-0201 to request a no-cost, confidential case review.


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