Boulder Drug Crime Defense Attorney
Penalties for Drug Crimes in Colorado
Drug crime penalties in Colorado depend on the schedule of the narcotic, the quantity to determine if the drug is for personal use or distribution, prior drug crime convictions or other types of convictions, and if the defendant is a habitual drug offender. A conviction can lead to a lengthy jail or prison sentence, expensive fines, and other penalties.
Fortunately, the courts understand that many drug offenders have an addiction issue and need rehabilitative services to overcome it and become productive and responsible members of society. That is why low-level drug offenders have several alternatives available—which will be tried in drug court—as opposed to incarceration.
The following are types of drug offender sentencing alternatives in Colorado:
- Pretrial diversion for drug misdemeanors – Eligible individuals are required to complete a drug program, while the court delays their case for up to two years. First-time offenders who are charged with a drug misdemeanor are eligible. Once treatment is complete, all charges will be dismissed.
- Deferred sentencing alternative for drug felonies – Eligible individuals will have their sentence deferred—for specific felony drug charges—for up to four years after they either plead guilty or no contest. During the four-year delay, they must complete a drug treatment program and avoid prison. Those who have been charged with possession of a Schedule I or II controlled substance or a level 4 drug felony are eligible. Once treatment is complete, the felony drug conviction will be vacated, and a Colorado level 1 drug misdemeanor will be entered.
Getting criminally arrested for a drug crime is a frightening, confusing, and stressful experience, especially if it is your first time dealing with the police and the criminal justice system. Not only is a conviction punishable by jail or prison time, costly fines, and other serious criminal penalties, but it also results in a criminal record that can follow you for the rest of your life, making it extremely hard to find a job, secure housing, or apply to college.
Call (720) 999-9506 to request a free case review and discuss your case with us!
Types of Drug Crimes in Colorado
Controlled substances consist of illegal drugs and prescription medication and categorized into schedules in order to determine crime classification and penalties in Colorado—similar to the schedules set forth by the federal government. Schedule I narcotics (e.g. heroin and LSD) have the highest potential for abuse and no accepted medical use, while Schedule V substances (e.g. over-the-counter medication) have the lowest potential for abuse and widely accepted medical use.
Our firm handles the following types of drug crimes:
- Drug possession (C.R.S. § 18-18-403.5)
- Drug possession with intent to distribute
- Drug sale and distribution (C.R.S. § 18-14-405)
- Drug manufacturing or cultivation
- Drug trafficking
- Possession of drug paraphernalia (C.R.S. § 18-18-428)
As of 2013, Colorado lawmakers made significant changes to drug crime classifications. Today, all drug crimes are considered either “drug petty offenses,” “drug misdemeanors” (C.R.S. § 18-1.3-501), or “drug felonies” (C.R.S. § 18-1.3-401.5), each one with various “levels” and sentencing guidelines.
If you have been arrested for a drug crime in Boulder, you can rely on Barre M. Sakol, P.C. to protect your rights and future throughout the legal process. With nearly three decades of experience and a proven track record of success, our Boulder drug crime lawyer knows how either get your entire case dismissed or your charges and penalties reduced.
Do not hesitate to contact us today to learn about your legal options.