How Does a Drug Charge Become a Felony?

Drug related charges can range from a misdemeanor to a felony depending on the details of the case. Understanding how the situation escalates to a felony is important as it will have a major impact on your situation. This blog post offers an introduction to how drug charges become felonies. It is important to note, however, that each case is unique and the best way to know how yours will be handled is to talk to an attorney. 

Intent to Sell

One of the ways that a drug charge can become a felony is if the prosecuting attorney says that they believe you had intent to sell the drugs in question. This is typically done when someone is found with more than a set amount of the drug. The amount will vary widely depending on which drug it is. It is important to note that even if the person arrested does not actually plan to sell the drugs, and has no history of selling drugs, they can still be charged with intent to sell, which is a felony. 

Type of Drug

The type of drug that a person is caught with will have a major impact on whether they are charged with a misdemeanor or a felony. For example, someone can have 40+ grams of marijuana and still only be charged with a misdemeanor in most cases. An equal amount of cocaine, however, would result in a felony charge.

History of Arrests

A first-time arrest is much more likely to be a misdemeanor than a second or third arrest on drug related charges. For most drugs, repeat offenders will automatically be charged with a felony, regardless of how much of a drug they have. Additionally, getting arrested a second time will often be a violation of parole, which can also result in jail time. 

Amount of the Drug

When looking at different things that can elevate a drug charge to a felony, the amount one has is likely the biggest factor to consider. As seen in the above two situations, the amount involved is a key consideration that a prosecuting attorney is going to look at. In general, the laws are written in such a way as to make an amount that is only for one-time personal use a misdemeanor, but more than that will often be a felony. Of course, there are other factors that the courts will look at as well.

We Are Here for You

Whether you are charged with a misdemeanor or a felony, it is important that you take the situation very seriously. We understand how people can find themselves in these difficult situations and will offer an aggressive defense strategy and compassionate representation. Please contact us to learn how we can help you through this challenging event.