Philadelphia Drug Possession Charges: Categories & Defenses
Did you know that, according to the Federal Bureau of Prisons,
nearly 46% of all inmates are incarcerated on drug charges? In
other words, out of all codified criminal offenses committable in
the United States, which can number in the hundreds, nearly half
of those sentenced are drug offenders. Do not be one of them.
Pennsylvania Drug Offense Categorizations
Generally, the severity of your Pennsylvania drug offense is
dependent upon two factors: (1) the type of drug possessed and
(2) the quantity of that drug. Pennsylvania law prohibits "[t]he
manufacture, sale or delivery, holding, offering for sale, or
possession of any controlled substance," but the Commonwealth
recognizes three different categories of possession:
- Knowing and/or Intentional Possession of a controlled
substance - 35 P.S. § 780-113(a)(16));
- Possession with Intent to Deliver a Controlled Substance,
i.e., dealing drugs - 35 P.S. § 780-113(a)(30)), and
- Possession of Drug Paraphernalia - 35 P.S. § 780-113(a)(32).
Although possession of a controlled substance without
intent to distribute can be considered a felony if certain
substances, such as GBH, are possessed, simple possession and
possession of drug paraphernalia are generally only punishable as
misdemeanors. Possession with intent to deliver,
however, can be punishable as a felony and can result in a
15-year prison sentence.
Defenses to Pennsylvania Drug Charges
If you or a loved one has been charged with possession, an
experienced Philadelphia criminal defense attorney may be able to
help by mounting one of many potential defenses to drug
possession. These defenses may include the following:
-
Lack of Knowledge: Occasionally, whether at
school or in the car, a guilty party will attempt to hide his
or her drugs in your personal belongings. If you had no
knowledge that any drugs were on your person, then you have a
defense to possession charges;
-
Defeating the Elements: In any criminal
action, the prosecuting attorney is responsible for proving
your guilt beyond a reasonable doubt. Accordingly, if you are
charged with possession with intent to deliver, you can defeat
this charge by showing that such intent did not exist;
-
Qualification as a Lawful Possessor: Under
Pennsylvania law, certain individuals are legally permitted to
possess controlled substances without a license. These include
employees of certain drug manufacturers or lawful carriers;
-
Constitutional Violations: If controlled
substances were found in your possession, but they were found
in an unlawful manner, then this is a complete defense to a
possession charge. For example, if your vehicle is pulled over
without cause and the police officer searches the vehicle after
smelling pot, then this was likely not a legal search, and any
evidence discovered can be suppressed.
Contact Philadelphia Criminal Defense Attorney Brian
Zeiger to Protect Your Rights
The law is designed to protect Pennsylvania citizens, but that
includes those who have been charged with a qualifying offense.
You are innocent until proven guilty, and there are a variety of
defenses that might be available to you in order to defeat a
possession charge. Attorney Brian Zeiger can work to review the
specific facts of your case and help you build the best defense
possible. Contact him today at 215-546-0340 or
online.