The penalties you face if convicted of a drug-related offense depends on the category of drug (or prohibited substance), among other factors, that law enforcement alleges you possessed. Your past, your present attitude, and your future choices all have potential bearings upon the ultimate disposition and consequences of your case. Your Virginia Beach Criminal Defense Attorney is in the best position to assess your rights – and represent you if need be – if you have been charged of a drug-related offense in either Virginia Beach or Norfolk.
As mentioned above, a very substantial factor in determining the sentence of a convicted criminal in a drug-related case is the category (or classification) of the drug. Federal law categorizes drugs into “schedules,” and the laws in the Commonwealth of Virginia reflect this method. Specifically, the Federal Controlled Substances Act is a law that classifies drugs based upon their potentials for abuse. This standard of measurement is periodically reviewed by government agents.
Schedule I drugs have the highest potential for abuse, while schedule V drugs have the lowest. For example, Heroin is a “Schedule I” drug, whereas codeine based cough syrup is a “Schedule V” drug. Methamphetamine, Cocaine, and other stimulants are “Schedule II.” Other commonly abused prescription drugs of the Benzodiazepine family are “Schedule IV” drugs. Vicodin and Anabolic Steroids are examples of “Schedule III” drugs. Click here for more information on the Controlled Substances Act, in its most current form.
For an analysis of whether the drugs allegedly found in your possession are of a particular schedule or category charged under your offense, consult your local Norfolk or Virginia Beach Criminal Defense Attorney. He will ensure the prosecution does not make an error in proceeding with your case. In some circumstances, your lawyer may be able to reach a negotiation (plea agreement) if it meets your expectations. The longer you wait to approach or consult your Virginia Beach Criminal Defense Attorney, the less time he has to work hard on your case.