Des Moines Drug Possession Defense Attorney

For the most part, punishment and fines for crimes vary across the board for drugs other than marijuana. Regardless of the exact charge you face, however, you can expect serious penalties that can affect every aspect of your life, from your job to your personal relationships to your finances.

To mitigate or avoid these penalties, retain a criminal defense firm like Feld Law Firm. Our Des Moines drug crime attorney can help fight your charges in pursuit of a favorable resolution.

Call (515) 996-4441 or contact us online today to schedule your free consultation with our team.

Drug Crime Penalties for Possession of Controlled Substances

Generally speaking, if you are charged with first-offense possession of a controlled substance, it will be a serious misdemeanor. If it is your second offense, it will be an aggravated misdemeanor. If it is your third or subsequent offense, it is a D felony. The serious misdemeanor possession carries up to one year in the county jail and a $2,560 fine. The aggravated misdemeanor possession carries up to two years in prison and a $8,540 fine. The D felony possession carries up to five years in prison and a $10,245 fine.

Being convicted of any of these charges can have a huge impact on a person's life. It should be noted that if a person has previously been convicted of possession with intent to distribute and then picks up a possession charge, the person would be charged with an aggravated misdemeanor.

Possession with intent to distribute is at least a felony regardless of the substance and amount. Possession with intent charges can range from a class B to class D felony with a potential of up to 25 years in prison. Some of the possession with intent charges carry mandatory minimum sentences. The level of the felony is determined by the amount and kind of controlled substance that the defendant was charged with in the trial information. It should be noted that as of July 1, 2018, a new law was enacted wherein individuals now convicted of drug offenses do not have their license suspended.

Common Drug Charges in Iowa

Below are some of the more common types of substances that people are charged with in Iowa.

Cocaine

• Distribution/manufacture of less than or equal to 100g: This is a special class C felony that is punishable by not more than 10 years in prison and a fine of not greater than $50,000 nor less than $1,000. If convicted of this charge, you are required to serve a mandatory minimum one-third sentence.
• Distribution/manufacture of more than 100g but less than or equal to 500g: This is a special class B felony that is punishable by not more than 25 years and a fine of not less than $5,000 nor greater than $100,000.
• Distribution/manufacture of more than 500g: This is a special class B felony that is punishable by not more than 50 years and a fine of not greater than $1 million.

Heroin

• Distribution/manufacture of less than or equal to 100g: This is a special class C felony that is punishable by not more than 10 years in prison and a fine of not greater than $50,000 nor less than $1,000.
• Distribution/manufacture of more than 100g but less than or equal to 1kg: This is a special class B felony that is punishable by not more than 25 years and a fine of not less than $5,000 nor greater than $100,000.
• Distribution/manufacture of more than 1kg: This is a special class B felony that is punishable by not more than 50 years and a fine of not greater than $1 million.

Methamphetamine

• Distribution/manufacture of less than or equal to 5g: This is a special class C felony that is punishable by not more than 10 years in prison and a fine of not greater than $50,000 nor less than $1,000.
• Distribution/manufacture of more than 5g but less than or equal to 5kg: This is a special class B felony that is punishable by not more than 25 years and a fine of not less than $5,000 nor greater than $100,000.
• Distribution/manufacture of more than 5kg: This is a special class B felony that is punishable by not more than 50 years and a fine of not greater than $1 million.

What to Expect When Charged with a Drug Crime

In regard to unlawful possession of a controlled substance other than marijuana, a first-offense possession is at least a serious misdemeanor. A second-offense possession is at least an aggravated misdemeanor. A third-offense possession is at least a class D felony.

In other words, the level of the charge depends on the type of drug the person possessed and how much of it was possessed. What usually plays an interesting role in any drug possession charge is if there were other people around the defendant at the time he was "possessing" the drug. Although there is the joint possession law in Iowa, it is much harder for the government to prove intent in these types of cases. Another issue is the amount of the actual illegal substance that the person possessed.

In addition to being charged with the felony possession with intent to distribute, the state will usually charge the defendant with failure to affix a tax stamp. The tax stamp charge is also a felony. To be convicted of the tax stamp charge, one must possess at least seven grams of the illegal substance. Drug possession with intent to deliver is a very serious charge that can significantly affect your future and way of life. It should also be mentioned that if a gun or weapon was involved while you were possessing the illegal drugs, you will not be eligible for a deferred judgment.

Retain Feld Law Firm

It is a good idea to speak with a criminal defense attorney when being charged with possession or intent to distribute any type of drug – especially when prison is a real possibility. You should do it right the first time. Our Des Moines drug possession attorney can evaluate whether law enforcement may have performed an illegal search and determine whether you actually or constructively “possessed” or “intended to distribute” the controlled substances.

If you have any questions or concerns, do not hesitate to contact Feld Law Firm at (515) 996-4441 to schedule your free consultation.