In Colorado, controlled substances are divided into schedules I through V. It is illegal for anyone without prior authorization of law to sell any such controlled substances. Violating this law can lead to serious penalties and a criminal record that follows you around for life.
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 can be charged with sale of a controlled substance if they do any of the following with a controlled substance:
- 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 Loveland 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.
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 Loveland criminal defense attorney can carefully review your case to determine the best defense strategy for your case.
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.