Denver Drug Defense Lawyer
Colorado penalties for drug charges are tough with new law changes from 2013. Drug penalties are now classified as level one Drug Felonies (DF) on down to level two Drug Misdemeanors (DM).
Philip M. Smith • Attorney • Denver, Colorado
Drugs • Drug Possession • Distribution • Manufacturing
Free Consultations • Call (303) 333-8900 • Email
New laws have brought new challenges for Colorado criminal defense attorneys. Nevertheless, criminal defense lawyer Philip M. Smith has spent his entire professional career in and around the criminal courtroom as a private attorney, district attorney and judge, the changes in law are what he is trained to interpret and negotiate. Attorney Smith considers many factors when developing your defense. Your confidential free consultation with me is our starting point. Drug cases are often complex and occasionally involve other individuals. Evidence gathered during a search and seizure by law enforcement and examining the prosecutor’s file tells me what we are up against.
Level one drug felonies have a minimum mandatory 8 year prison sentence. Level one drug felonies include the sale of any amount of Schedule I or II drugs to a minor, possession with intent to sell or manufacture of more than 8 ounces of Schedule I and II controlled substance drugs except for methamphetamine and heroin which are set at 4 ounces. Sentences for Level 2, 3, and 4 drug felonies (DF) decrease in seriousness as the quantity of drugs involved decreases. There is a new offense of “sharing” drugs, involving meth, heroin, and ketamine. This is a level four drug felony, if the amount is 4 grams or less.
DISTRIBUTION TO MINORS
A new category of drug felonies created in the 2013 created changes in Denver’s drug law. It is now a drug felony to sell any drug or marijuana to a person under the age of 21.
While the Colorado’s special offender sentence range has not changed, the offenses that qualify are limited to large quantities of drugs, being in the business of selling drugs. A Special Offender classification carries a mandatory prison sentence for selling, distributing, possessing drugs with the intent to distribute, manufacture or attempt to manufacture any controlled substance in or around school grounds or public housing. CRS 18-18-407(1)(g)(I) link to www.lexisnexis.com/hottopics/colorado
Simply possessing a weapon while committing a drug offense was a special offender sentence until 2013. The law now requires the district attorney to prove that a weapon was “used, displayed, or possessed on his/her person or within immediate reach.
The WOBBLER converts a felony conviction of DF4 link to criminal classification chart crimes to a misdemeanor. There are specific exceptions to this rule. Call my office today to see if you are eligible for consideration. If you are facing misdemeanor drug or felony drug charges in Colorado, call me before talking to police or pleading guilty. I am dedicated to your defense and have over 37 years practicing criminal justice as a former district attorney and former judge and private criminal defense lawyer in the Denver metro area.
Call my office today for a free confidential consultation
Attorney Philip M. Smith
Even though the severity and quantities for drug possession have changed and made less severe, a conviction of any degree of felony or misdemeanor will have serious long term consequences beyond any sentence by the court. This will result in a criminal history showing up on a background check. This likely would prohibit you from getting a job, apartment or home purchase.
If you have been charged or arrested for drug possession or other allegation, I will work to create a defense strategy, challenge the policies, methods of obtaining evidence, analyze and evaluate alternative sentence means, and work efficiently to achieve a more favorable outcome. Often, obtaining rehabilitation and treatment immediately can be helpful in plea negotiations as well as negating intent.
Attorney Philip M. Smith has over 35 years of experience in criminal law.
Having served as a judge and 16 years as a district attorney
I understand every position in the courtroom.
Contact My Denver Law Office
If you have been charged with a Colorado Drug Charge, or if you have questions about Drug Charges, I encourage you to contact me, Philip M. Smith, 303-333-8900 today for a free and confidential initial consultation.