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Drug Crimes Attorney in Independence, Missouri

When faced with being arrested for drug crimes, the possible outcome could be very serious. At a minimum, a person will likely face significant jail time, not to mention the fines, penalties, and the long-term stigma a criminal record can have on their life. Further complicating the matter is that Missouri has some of the most rigid laws against drug crime in the nation, and it shows in the sentencing for such crimes.

Obviously, having drug charges levied against you could have a huge impact on your life. Attorney Michael J. Englert has spent over 25 years in the legal profession, spending the early years as a prosecutor and municipal judge. This experience helps Michael defend clients facing criminal charges in Independence, Missouri, as well as the surrounding areas of Blue Springs and Lee’s Summit.

If you are facing drug charges, contact Michael J Englert, Attorney at Law today.

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Federal Drug Crimes

Drug crimes like possession with intent to distribute are often prosecuted at the state level, but depending on a variety of factors — the quantity of the drug in question as well as the type, the location of the crime, and whether state lines were crossed — could result in the perpetrator facing federal charges.

Federal drug crimes are prosecuted under the Controlled Substances Act of 1970 (CSA), and mainly involve the distribution and manufacture of drugs. The CSA divides controlled substances into five categories — or “schedules” — depending on factors such as the potential for abuse and medical uses:

  • Schedule I — Ecstasy, LSD, heroin, marijuana

  • Schedule II — Cocaine, morphine

  • Schedule III — Steroids, Vicodin, Marinol

  • Schedule IV — Ambien, Xanax, Valium

  • Schedule V — Lyrica, some types of cough suppressants

The possible penalties you may face if convicted depend on the schedule classification, the amount of the substance in your possession, and any criminal history in the past.

Missouri Drug Crimes

There are four general categories of drug charges in Missouri, based on the intention of the person charged with the crime:

Manufacturing

Manufacturing drugs is a serious offense that has one of the biggest ranges of punishment — from a Class E felony (the lowest in Missouri) to a Class A felony, which could result in a minimum of 10 years in prison.

Delivery

In Missouri, the delivery of drugs is defined as the actual, constructive, or attempted transfer from one person to another. Punishment for delivery depends on the type of drug and how much of the drug was attempted to be transferred.

Selling

Illegally selling drugs(or possessing drugs with the intent to sell it) is a Class B felony, punishable by at least five (and up to 15) years in prison.

Possession

Missouri law holds that a person is considered to be in possession of illegal drugs if, with knowledge of the presence and nature of a substance, they have actual or constructive possession of the drug.

Missouri Drug Schedules

Much like the CSA, the state of Missouri divides drugs into five "schedules."

  • Schedule I lists the most dangerous drugs, which have a high probability of abuse and addiction and no recognized medical value

  • Schedules II, III, IV, and V decrease in danger and probability of abuse, and increase in recognized medical uses

These classes are also used to determine the severity of the punishment for violating the law.

Punishment for Drug Charges in Missouri

Penalties for drug offenses vary depending on certain elements of each individual case. This is particularly true for misdemeanor offenses. In most cases, someone convicted can expect to pay a fine and potentially serve time in jail (which is non-negotiable if you are convicted and found guilty of a drug offense in the first or second degree). The penalties are broken down as follows:

  • Class A felony — 10-30 years in prison or a potential life sentence

  • Class B felony — At least five years of jail time, but no more than 15 years

  • Class C felony — At least three to 10 years in jail and a $10,000 fine

Drug charges in Missouri are no laughing matter. If you are ever facing drug charges related to the possession, sale, delivery, or manufacturing of illegal drugs in Missouri, you will likely be overwhelmed by what you may be up against.

Drug Crimes Attorney
Serving Independence, Missouri

Attorney Michael J. Englert is ready to give each of his clients and their cases the time required to ensure that they have the best defense possible. If you have been accused of or even charged with a drug crime in Independence, Missouri or the surrounding of Blue Springs or Lee’s Summit, contact Michael J Englert, Attorney at Law today.