Possession of Illegal Items Attorney in Denver, Colorado
Colorado recognizes Possession of illegal items in many different areas of the law. The Law Office of Philip M. Smith is dedicated to helping clients who are being investigated, charged, or prosecuted for Possession in the Denver area.
Possession as a criminal charge itself allows for arrests and convictions without the prosecution having the burden of proving the use or sale of an illegal drug, stolen property, deadly weapons or other alleged illegal property.
JURY INSTRUCTION FOR THE DEFINITION OF POSSESSION
“Possession” means actual or physical control of an illegal item. Possession does not need to be exclusive. A person is in possession of an item if he was aware of his physical possession or control thereof for a sufficient period to have been able to have terminated it.
Possession, Distribution, Manufacturing and Marijuana
Criminal charges for growing, using and selling marijuana has changed dramatically in 2013. Schedule I and II drugs such as heroine or oxycontin convictions have been reclassified ranging from “Level One drug felony” to “Level Two drug misdemeanor”. Drug Crime Defense lawyer Philip Smith brings over 30 years of legal experience and knowledge and is dedicated to achieving the most favorable result in your drug offense.
Level 1 drug felonies, sale or manufacture of large quantities of Schedule I and II drugs or sale to a minor of any amount of Schedule I or II drugs, have a minimum mandatory prison sentence of eight years.
Distribution or manufacture of smaller amount of Schedule I and II drugs, Level 2 and Level 3 drug felony, depending on quantity involved, have possible prison sentence ranges of 2-4 and 4-8 years respectively. It is important to note that probation is also a possibility for Level 2 and lower drug offenses.
The most unusual change involves converting conviction of some drug felonies to a misdemeanor upon successful completion of probation or community corrections. This is called the “wobbler”.
Also deleted in 2013 changes was the enhanced sentence of a Class 2 felony for a second conviction for distribution, manufacture, or possession with intent of a controlled substance.
Adults may possess up to one ounce of marijuana. It is now legal to cultivate up to six plants, with no more than three mature plants and no more than 12 plants per household. Those under 21 will be charged with a Level 1drug misdemeanor for up to six plants. Anyone with more than six plants and less than 30 plants, commits a Level 4 drug felony.
The special offender statute has also been changed drastically. While the sentence range has not changed, the offenses that qualify are limited to large quantities of drugs, being in the business of selling drugs, possession with intent or distribution and manufacture with 1000 feet of schools and public housing.
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.
DISTRIBUTION TO MINORS
A new category of drug felonies was created in the 2013 changes. It is now a drug felony to sell any drug or marijuana to a person under the age of 21.
New laws have brought new challenges for criminal defense attorneys. But, for a criminal law attorney that has spent his life in and around the courtroom as a private attorney, district attorney and judge, the changes in law are what he is trained to interpret and negotiate.
ILLEGAL POSSESSION CRIMES IN COLORADO
For those under 21, any possession is a crime. The possible sentence ranges go up with the increased quantities. Adults risk a petty offense charge for possessing two ounces or less. For more than two ounces and less than 12 ounces, the crimes are misdemeanors. For more than 12 ounces, the potential sentence could be probation, or in some cases a prison sentence of six months up to two years.
Possession of Drugs:
Materials to make methamphetamine or other controlled substances
Possession – With Intent to:
Sell Controlled Substances
Possession – Sexual Content:
Sexually exploitative material
Sexually exploitative material involving children
Video, video tape, or motion picture of any of the above items
Possession – White Collar Crime:
Blank, altered, forged Financial transaction devices
Public and Private monies or public property
Possession – Motor Vehicle:
Motor vehicle without permission or by threat or deception:
- for more than 24 hours
- used in the commission of a felony
- altered VIN
- used to cause bodily injury
- displayed false/stolen plates
- value of
Possession – Weapons Crime:
Concealed deadly weapons and Handguns/Firearms
Deadly weapons and handguns/firearms by a juvenile
Deadly weapons, firearms
Possession – Property:
Possession of a thing of value
Possession – Juvenile:
Minor in Possession of alcohol (MIP)
Contact My Denver Law Office
If you need a criminal defense lawyer for your Possession criminal charge, or if you have questions about criminal charges, I encourage you to contact me, Philip M. Smith, 303-333-8900 today for a free and confidential initial consultation.