In Colorado, controlled substances are classified into Schedules I through V. Selling, distributing, manufacturing, or possessing with intent to sell a controlled substance without legal authorization is a criminal offense. You can also be charged if you attempt, conspire, or induce someone else to commit these acts.
The prosecution must prove that you knew the substance was controlled, and penalties vary depending on the type of drug, quantity, presence of aggravating factors, and your prior criminal record.
If you are facing criminal charges for the sale of drugs, reach out to the Loveland drug sales lawyer at The Harrell Law Firm, PLLC today. We are ready to fight to protect your rights. Call (970) 791-2006 or contact us online today.
What Is the Crime of the Sale of a Controlled Substance?
A person commits the crime of selling a controlled substance by selling, distributing, or possessing it with the intent to sell:
- Manufacture
- Dispense
- Sell
- Distribute
- Possess with the intent to do any of the above
- Induce, attempt to induce, or conspire with another to do any of the above
It is also a violation of this law to possess one or more chemicals or supplies or equipment with the intent to manufacture a controlled substance.
A conviction for this offense requires the prosecutor to prove you knew the substance was a controlled substance.
Penalties for the Sale of a Controlled Substance
If you are convicted of selling a controlled substance, the possible penalties you can face depend on several factors, including:
- The type of drug involved
- The quantity involved
- The presence of aggravating factors
- Previous criminal history
The potential penalties for each level of drug felony without aggravating factors include:
- Level 1 drug felony – 8 to 32 years imprisonment, a fine up to $1 million, and a drug offender surcharge of $4,500
- Level 2 drug felony – 4 to 8 years imprisonment, a fine up to $750,000, and a drug offender surcharge of $3,000
- Level 3 drug felony – 2 to 4 years imprisonment, a fine up to $500,000, and a drug offender surcharge of $2,000
- Level 4 drug felony – 6 months to 1-year imprisonment, a fine up to $100,000, and a drug offender surcharge of $1,500
Sometimes, drug charges can be charged as a level 1 misdemeanor after successful probation. A misdemeanor offense can result in 364 days in jail and a fine of up to $1,000.
Alternative sentencing may be available in some cases, providing an opportunity to pursue a more favorable outcome. Your felony charges lawyer will carefully assess your situation, taking into account the unique circumstances surrounding your case. They will work diligently to explore and present alternative sentencing options that align with your best interests.
Possible Defenses with a Loveland Drug Sales Attorney
There may be various defenses our Loveland drug sales lawyer can raise on your behalf to fight these charges, which might include:
- The officer did not have cause to stop you, in the event the crime occurred as part of a traffic stop.
- The drugs were not yours or you were not aware they were where they were found.
- Someone planted the drugs on you.
- There was not enough substance to use as a drug or to meet the definition of the intent to sell it.
- The drugs were for your personal use, not to sell them.
- Police illegally searched you and seized the drugs.
An experienced criminal defense attorney can carefully review your case to determine the best defense strategy for your case.
Frequently Asked Questions
What counts as drug sales in Colorado?
Drug sales in Colorado include selling, distributing, manufacturing, or possessing drugs with intent to sell. Even attempting or conspiring to commit these acts can lead to charges.
What penalties can I face for drug sales in Colorado?
Penalties depend on the type and amount of drugs and your prior record. Felony charges can result in prison time and fines, while some cases may be reduced to misdemeanors or qualify for alternative sentencing.
Can I be charged just for possessing drugs in Colorado?
Yes. You can be charged if you possess drugs with intent to sell or manufacture, or if you have chemicals or equipment intended to make controlled substances.
What defenses are available for drug sales charges in Colorado?
Defenses depend on your case. Options may include showing the drugs weren’t yours, they were planted, law enforcement conducted an illegal search, or the drugs were for personal use, not sale.
Why work with a Loveland drug sales lawyer?
A Loveland drug sales lawyer at The Harrell Law Firm, PLLC understands local courts and prosecution strategies. They work to identify defenses, review your case carefully, and explore options that may reduce or mitigate the impact of the charges.
Contact a Former Prosecutor for Help Defending Your Rights
Attorney Sean P. Harrell is a former district attorney for the 18th Judicial District. He knows how the other side builds its case and can use this insight to help inform your defense strategy. Contact the Loveland drug sales attorney at The Harrell Law Firm, PLLC for your confidential consultation. Call (970) 791-2006 or fill out our online form.