If I can help you, please call my Criminal Law Office at 303-333-8900
  • Home
  • About Me
  • The Courts
  • Testimonials
  • Blog
  • Location
www.philipsmithlaw.comwww.philipsmithlaw.comwww.philipsmithlaw.comwww.philipsmithlaw.com
  • 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

Possession

    Home Possession

    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.

    CONTROLLED SUBSTANCES

    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.

    Marijuana Cultivation

    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.

    SPECIAL OFFENDER

    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:

    Marijuana
    Controlled Substances
    Narcotics
    Prescription medications
    Paraphernalia
    Materials to make methamphetamine or other controlled substances
    Contraband

    Possession – With Intent to:

    Sell Marijuana
    Sell Controlled Substances
    Distribute
    Cultivate
    Manufacture

    Possession – Sexual Content:

    Sexually exploitative material
    Sexually exploitative material involving children
    Child pornography
    Video, video tape, or motion picture of any of the above items

    Possession – White Collar Crime:

    Forged instrument
    Forgery devises
    Blank, altered, forged Financial transaction devices
    Financial devices
    Identification document
    Embezzled funds
    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:

    Burglary tools
    Concealed deadly weapons and Handguns/Firearms
    Contraband
    Deadly weapons and handguns/firearms by a juvenile
    Deadly weapons, firearms
    Explosives
    Fireworks
    Metallic knuckles

    Possession – Property:

    Stolen goods
    Possession of a thing of value
    Robbery
    Contraband

    Possession – Juvenile:

    Minor in Possession of alcohol (MIP)
    Firearms

    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.

    • Tell Us About Your Case

      Call 303-333-8900 or Fill Out This Convenient Confidential Form Below
      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.
    • This field is for validation purposes and should be left unchanged.
    • 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


    Directions - Map It!

    Social Networks

    Facebook Denver Criminal Attorney twitter_logo

    google-plus-one-logo-1-button Denver Expungement Criminal Defense Attorney Linkedin Profile


    Groups and Associations:

    Colorado Bar Association
    Colorado Criminal Defense Bar
    Arapahoe County Bar Association


    National Association of Criminal Defense Lawyers logo National Association of Criminal Defense Lawyers
    Top ContributorAward 2019Philip Michael Smith
    Philip Michael SmithReviewsout of 7 reviews

    Recent Blog Posts

    • Bench Warrant in Colorado Surprises  January 26, 2021
    • Traffic Ticket in Denver Colorado January 26, 2021
    • Firm Overview
    • The Courts
    • Testimonials
    • Blog
    • Terminology
    • Location
    • Contact

    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
    Directions - Open in Google Maps

    bars

    blog-icon

    seal-and-cards

    © 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