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Drugs

    Home Drugs

    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 Charge DM2
    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 use Any drug
    Possession Sch III, IV, V (except flunitrazeparm, ketamine) Any amount
    Possession Sch I, II Flunitrazepam, ketamine, cathinone Any amount
    Transfer/ Sharing Sch III,IV 4g or less 4g or less Sch I/II 2 g or less meth, heroin, ketamine, cathinone
    Sale-imitation substance To adult To minor
    Sale-Sch V Any amount
    Sale-Sch III, IV 4 g or less More than 4g
    Sale/Manufacture Sch I/II 14g or less 1/2 oz or less More than 14g-225g 1/2oz-8oz More than 225g More than 8oz
    Sale/Manufacture meth, heroin, ketamine, cathinone 7g or less 1/4 or less More than 7g-112g More than 1/4 oz-4oz More than 112g More than 4oz
    Sale-flunitrazepam 10mg or less More than 10-50mg More than 50mg
    Sale to minor-adult is 2+ yrs older Sch III, IV, V Sch 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

    • Tell Us About Your Case

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      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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    • SPEAK WITH ME

      Before you speak with Police

    Colorado Criminal Defense

    Areas of Practice

    • Assault
    • 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
    • Fraud by Check
    • Furthering
    • Harassment
    • 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
    • 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 Tickets
    • Trespassing
    • Vehicular Assault & Vehicular Homicide
    • Warrants
    • 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
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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.
    • My Firm
    • Areas of Practice
      • Assault
      • 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
      • Fraud by Check
      • Furthering
      • Harassment
      • 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
      • 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 Tickets
      • Trespassing
      • Vehicular Assault & Vechicular Homicide
      • Warrants
      • What to Expect
      • White Collar Crime
    • Assault
    • 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 Or Leaving The Scene
      • Vehicular Assault & Vechicular Homicide
    www.philipsmithlaw.com