If I can help you, please call my Criminal Law Office at 303-333-8900
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  • Areas of Practice
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drugs lg

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.

SPECIAL OFFENDER

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.

Questions?
Call my office today for a free confidential consultation
Attorney Philip M. Smith
303-333-8900

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.

Criminal ChargeDM2
0-12 mos
DM1
3-18 mos
DF4
6-12 mos
1-2 yrs-agg
DF3
2-4 yrs-pres
4-6 yrs-pres
DF2
4-8 yrs-pres
8-16 yrs-agg
DF1
8-32 yrs-pres
Mand min 8 yrs
Drug useAny drug
Possession Sch III, IV, V (except flunitrazeparm, ketamine)Any amount
Possession Sch I, II Flunitrazepam, ketamine, cathinoneAny amount
Transfer/ SharingSch III,IV 4g or less4g or less Sch I/II 2 g or less meth, heroin, ketamine, cathinone
Sale-imitation substanceTo adultTo minor
Sale-Sch VAny amount
Sale-Sch III, IV4 g or lessMore than 4g
Sale/Manufacture Sch I/II14g or less 1/2 oz or lessMore than 14g-225g 1/2oz-8ozMore than 225g More than 8oz
Sale/Manufacture meth, heroin, ketamine, cathinone7g or less 1/4 or lessMore than 7g-112g More than 1/4 oz-4ozMore than 112g More than 4oz
Sale-flunitrazepam10mg or lessMore than 10-50mgMore than 50mg
Sale to minor-adult is 2+ yrs olderSch III, IV, VSch I,II any amount
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“Thank you, Mr. Smith. You’ve made a tremendous difference in my life with your work and effort on my behalf. I’ll start alerting my family about our success. People told me I’d never be free from this, but you proved them wrong”

-W.K., Sealing and Expungement of Criminal Records

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If You Have Not Received A Reply To Your Inquiry Within 48 Hours, Please Contact Vincent Buckmelter At 303-881-6426. Vincent Is A Criminal Defense Attorney That I Work With And Refer Clients To When I Am Not Available.
Disclaimer*
This website has been developed and designed to provide general information about criminal defense law and is not intended to replace professional legal advice from a licensed Colorado attorney. Nothing on this website should be taken as creating an attorney-client relationship nor as providing legal advice in any individual situation. All communication with me and my staff is privileged and completely confidential. A formal attorney-client relationship is established by a contract and payment of a retainer.
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If you have not received a reply to your inquiry within 48 hours, please contact Vincent Buckmelter at 303-881-6426. Vincent is a criminal defense attorney that I work with and refer clients to when I am not available.
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Colorado Criminal Defense

Areas of Practice

  • Denver Assault Defense Lawyer
  • Burglary
  • Child Pornography
  • Computer Crime
  • Controlled Substances
  • Credit Card Fraud
  • Crimes against Minors
  • Criminal Mischief
  • DMV Hearing
  • Domestic Violence Defense
  • Expunge Juvenile Criminal Records
  • Forgery
  • Fraud Crimes Attorney in Denver Colorado
  • Fraud by Check
  • Furthering
  • Denver harassment lawyer
  • Identity Theft
  • Illegal Search and Seizure
  • Illegal Search of Auto
  • Indecent Exposure
  • Internet Crimes
  • Internet Exploitation of a Child
  • Internet Luring of a Child
  • Kidnapping
  • Menacing
  • Miranda Rights
  • Denver Municipal Ordinance Violations
  • Out of State Warrant
  • Possession
  • Probation Violations
  • Protection Orders
  • Reinstatement
  • Robbery / Aggravated Robbery
  • Sealing and Expungement
  • Sex Offender De Registration
  • Sex Offender Registration
  • Sexting
  • Sexual Assault Attorney Denver, Colorado
  • Sexual Assault on a Child (SAOC)
  • Shoplifting
  • Solicitation
  • Stalking
  • Theft
  • Traffic Ticket Lawyer Denver
  • Trespassing
  • Vehicular Assault & Vehicular Homicide
  • What to Expect
  • White Collar Crime

Philip M. Smith Contact Info
1776 South Jackson Suite 610
Denver, Colorado 80210


PH: 303-333-8900
FX: 303-333-8901


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Recent Blog Posts

  • Bench Warrant in Colorado Surprises  January 26, 2021
  • Traffic Ticket in Denver Colorado January 26, 2021
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Produdly Serving All Of Colorado

The Criminal Defense Law Firm of Philip M. Smith proudly represents clients throughout Colorado’s jurisdictions including the municipalities of Arvada, Aurora, Brighton, Broomfield, Castle Rock, Centennial, Cherry Hills Village, Commerce City, Denver, Edgewater, Englewood, Federal Heights, Glendale, Golden, Lakewood, Littleton, Lone Tree, Morrison, Mountain View, Northglenn, Thornton and Westminster. We also serve all misdemeanor and felony criminal cases in Adams County, Arapahoe County, Denver Country, Gilpin County, and Jefferson County.

1776 South Jackson Suite 610
Denver, Colorado 80210

Phone: 303-333-8900
Fax: 303-333-8901
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© Copyright Philip M. Smith Attorney, All rights Reserved.
  • Areas of Practice
    • Denver Assault Defense Lawyer
    • Burglary
    • Child Pornography
    • Computer Crime
    • Credit Card Fraud
    • Crimes Against Minors
    • Criminal Mischief
    • DMV Hearing
    • Domestic Violence Defense
    • Drugs
    • Expunge Juvenile Criminal Records
    • Forgery
    • Fraud Crimes Attorney in Denver Colorado
    • Fraud by Check
    • Furthering
    • Denver harassment lawyer
    • Identity Theft
    • Illegal Search and Seizure
    • Illegal Search of Auto
    • Indecent Exposure
    • Internet Crimes
    • Internet Exploitation of a Child
    • Internet Luring of a Child
    • Kidnapping
    • Menacing
    • Miranda Rights
    • Denver Municipal Ordinance Violations
    • Offense Classification
    • Out of State Warrant
    • Possession
    • Probation Violations
    • Protection Orders
    • Reinstatement
    • Robbery / Aggravated Robbery
    • Sealing and Expungement
    • Sex Offender De Registration
    • Sex Offender Registration
    • Sexting
    • Sexual Assault Attorney Denver, Colorado
    • Sexual Assault on a Child (SAOC)
    • Shoplifting
    • Solicitation
    • Stalking
    • Theft
    • Traffic Ticket Lawyer Denver
    • Trespassing
    • Vehicular Assault & Vechicular Homicide
    • What to Expect
    • White Collar Crime
  • Denver Assault Defense Lawyer
  • Sex Offenses
  • Traffic
    • Colorado Suspended Driver’s License and Revoked Licenses
    • Colorado (Red) Restricted Driver’s License
    • Reinstating Your Driver’s License In Colorado
    • DMV Hearing
    • Hit And Run in Denver Colorado
    • Vehicular Assault & Vechicular Homicide
www.philipsmithlaw.com