The Difference Between Misdemeanor and Felony Drug Charges

Colorado law enforcement takes drug charges very seriously, and many different types of Colorado drug charges come with mandatory legal penalties such as years of jail time, hefty fines or long probation periods. The good news is that an experienced and knowledgeable Colorado criminal defense attorney can help you understand the drug charges that have been leveled against you and advise you on how to plea.

If you’re facing drug charges in Colorado Springs, you need to have some understanding of Colorado drug laws in addition to a quality Colorado Springs criminal defense attorney. Most Colorado drug charges can be categorized as misdemeanor charges or felony charges, and there are different penalties for each type of charge.

Colorado Misdemeanor Drug Charges
Most Colorado misdemeanor drug charges, such as misdemeanor possession, involve a small amount of drugs. If drugs are found on a suspect in amounts that are small enough to count for personal use, then misdemeanor charges can be leveled against that suspect. The type of controlled substance also determines whether or not Colorado drug charges are considered a misdemeanor, with illegal drugs such as marijuana often carrying lesser legal penalties.

Colorado Felony Drug Charges
More severe Colorado drug charges such as distribution or drug trafficking carry automatic felony status. This means that if you are caught with enough drugs to sell, Colorado law enforcement will assume that you have intent to sell the drugs and charge you with distribution. Carrying large amounts of drugs across state lines or on interstate highways can also lead to a drug trafficking felony charge. Because Colorado drug laws follow Federal drug laws, most felony drug charges come with mandatory minimum prison sentences.

Drug Charges and Your Colorado Criminal Defense Attorney
Your Colorado criminal defense attorney will often challenge police procedures in search and seizure to weaken the drug case against you. If police did not have probable cause to search you or your vehicle for illegal drugs, you may be able to get your drug charges dismissed. Other defense strategies in Colorado drug cases involve negotiating with prosecutors to get a felony drug charge reduce to a misdemeanor drug charge.

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