Drug Possession Attorney Serving Alabama
Drug possession is a serious offense no matter where you are located, but even more so in Alabama, which punishes those convicted of drug possession harshly. As a drug possession attorney in Alabama, Yancey Burnett of Burnett Law Firm is well aware of the severe consequences associated with this criminal offense in Alabama.
Whether you are facing a misdemeanor or a felony, the penalties can be dramatic and life-altering. Fortunately, it may still be possible to avoid a conviction or mitigate the penalties. Reach out to Burnett Law Firm in Spanish Fort to schedule a free case evaluation and discuss your particular situation.
You Deserve a Strong Defense
Understanding Alabama Drug Possession Laws
Alabama’s drug laws are contained in Title 13A, Chapter 12 of the Alabama Code, which governs controlled substances and drug offenses. These laws specify which substances are illegal under all circumstances and which are illegal without a valid prescription. Common controlled substances under Alabama law include cocaine, marijuana (cannabis), heroin, methadone, and many more.
Drug crime offenses in Alabama are generally broken down into four categories:
Possession or use of drug paraphernalia, which refers to items like needles, bongs, pipes, or rolling papers.
Simple possession, which applies when a person is found with a small amount of drugs intended for personal use.
Possession with intent to distribute, which applies when a person is caught with larger amounts or other evidence suggesting intent to sell or deliver.
Drug trafficking, which applies when someone possesses or transports an excessive quantity of drugs as defined by statute.
The severity of drug possession charges depends on factors such as the weight or quantity of the substance, the type of drug, any prior convictions, and other circumstances surrounding the arrest.
Elements of Possession
If you are facing drug possession charges in Alabama, it is important to understand what constitutes a crime and how to defend yourself against a conviction.
1. Knowledge of the Drug
The first element necessary for a drug possession conviction is knowledge. This means that the accused must have had reasonable knowledge that they were in control of or had access to drugs. The prosecutor will attempt to prove beyond reasonable doubt that the accused did know or should have known that they were in possession of drugs.
2. Control of the Drug
The second element necessary for a drug possession conviction is control. This means that the accused must have had physical control over or access to drugs at some point during their encounter with law enforcement. The prosecutor will attempt to prove beyond reasonable doubt that the accused either owned or was in charge of any drugs found on them at the time of the arrest.
Understanding these elements can help you build an effective defense if you are facing drug possession charges. It is important to remember, however, that everyone has rights under the law and it’s essential to seek legal counsel from an experienced attorney who can guide you through your case.
Possible Penalties
According to the National Center for Drug Abuse Statistics, more than 1 million Americans are arrested for drug-related offenses each year.
If you have been charged with drug possession in Alabama, you may be wondering what penalties you are facing. The answer depends on several factors, including the type and quantity of drug involved, your prior criminal history, and whether the drug was for personal use or for sale.
Alabama law does not divide possession into degrees like some other states. Instead, drug charges are classified as either misdemeanors or felonies depending on the substance and circumstances:
Unlawful Possession of Marijuana (UPOM):
First-degree (felony) applies when marijuana is possessed for other than personal use, or when the defendant has a prior UPOM conviction. Punishable by 1 to 10 years in prison and up to $15,000 in fines.
Second-degree (misdemeanor) applies when marijuana is possessed for personal use only. Punishable by up to 1 year in jail and fines up to $6,000.
Unlawful Possession of Controlled Substances (felony):
Applies when a person is found with any Schedule I–V controlled substance (other than personal-use marijuana) without a valid prescription. This is a Class D felony under Ala. Code § 13A-12-212, punishable by 1 to 5 years in prison and fines up to $7,500.Possession with Intent to Distribute (felony):
If the quantity of drugs or surrounding circumstances suggest intent to sell, the charge may escalate to a Class B felony, punishable by 2 to 20 years in prison and fines up to $30,000.Drug Trafficking (felony):
Alabama law sets strict thresholds for trafficking based on drug weight, such as 2.2 pounds of marijuana, 28 grams of cocaine, 28 grams of methamphetamine, or 4 grams of heroin. Trafficking charges carry mandatory minimum prison terms ranging from 3 years to life, plus fines up to $500,000.
Regardless of how the prosecution classifies your drug offense, consider contacting a knowledgeable drug possession attorney. Attorney Yancey Burnett at Burnett Law Firm can prepare a defense strategy tailored to your situation and fight for the best possible outcome.
Drug Possession Attorney Serving Alabama
Since 1995, Yancey Burnett of Burnett Law Firm has successfully defended drug-related offenses, including drug possession. The drug possession attorney in Alabama has the necessary legal expertise and outstanding courtroom experience defending clients across Baldwin County and Mobile County. Get a free consultation with Attorney Burnett by contacting now!