The charges a person can face in VA due to a controlled substance can be due to the possession of controlled substance, having the intentions to distribute it, and transporting it to different positions. The penalties and the chares for all these can depend upon many factors such as the criminal record of the offender, the quantity of the controlled substance, and the state in which it is distributed. The increased penalties can be due to the increased amount of controlled substance. In this article, possession of controlled substance as a class 5 felony will be discussed in detail. Let’s have a look at it.
Definition of Controlled Substance in VA
The section code in which the controlled substance is defined is 54.1-3401 and according to it, it is a drug, immediate precursor, and substance that is scheduled 1 through VI in the Drug Control Act. There are many classifications of controlled substances in VA and all these are based on their perspective for abuse and accepted medical use. The penalties are also different as they depend on the schedule. The potential of abuse is greater in controlled substances which belong to schedules I and II. So the substances belonging to these schedules have higher penalties.
Possession of Controlled Substance in VA
The section code which defines the penalties for possession of controlled substance is 18.2-250. To prosecutor must prove that the offender has possessed the controlled substance intentionally and knowingly. The prosecutor must also prove that the substance that is being in discussion in the court is a controlled substance according to the Drug Control Act. Possession of the controlled substance is charged according to the schedule and it is discussed below in detail.
- It will be the conviction of Class 5 felony if the person possesses the controlled substance of schedule I and Schedule II. The punishment will be about 10 years in jail and the possible fine will be USD 2500.
- The possession of the control substance belonging to Schedule III will be a class 1 felony and the punishment will be up to 12 months in jail and the possible fine is USD 2500.
- Possession of controlled substance present in schedule IV is a Class 2 felony and the charge is about 6 months in jail and USD 2500 fine.
Intention to Distribute, Manufacture, and Sell the Controlled Substance
The section code which defines the possession of the controlled substance with an intention to sell, manufacture, and distribute is 18.2-248. The prosecutor must prove the possession of the controlled substance along with intentions to distribute, sell, and manufacture. It must also be proved that the substance was actually a controlled substance.
The term possession is referred to as keeping the substance knowingly and intentionally. There must be a commercial evidence to prove the distribution. The packaging and the quantity also describe the distribution of the controlled substance. For the distribution of schedule I controlled substance, the person will be sent to jail for 5-40 years in jail and the fine will be USD 500000.
Many people ask about attempted capital murder sentence in VA, when they are charged with capital murder. They should first know about attempted capital murder, what will be the outcomes of this conviction, etc. The law of Virginia provides the basic guidelines about this crime. Attempted capital murder, along with first-degree murder, second-degree murder, voluntary manslaughter, and involuntary manslaughter are charged with felonies. Capital murder is charged under class 2 felony. It encompasses specific circumstances that surround the murder deemed one of the most heinous felonies one can commit in Virginia. A person can be charged with attempted capital murder sentence in VA if he or she is involved in the following offenses:
- Killing of a person during abduction or kidnapping
- Hiring a person to kill another person, and the person is successfully killed
- Killing a person who is a prisoner, or in the custody of an employee of state or local correctional facility
- Killing someone during a robbery or while attempting to rob someone
- Killing a person during or after rape, forcible sodomy, sexual penetration of object, or attempt of any of these sexual crimes
- A person can also be charged with attempted capital murder sentence in VA, if he/she kills a law enforcement officer or killing an officer to stop them from performing the official duties
- Killing more than one person as part of the same act
- If the person is involved in the killing of more than two people within a period of three year
- Killing an individual during a drug related offense which involves Schedule I and II narcotics
- Killing a pregnant woman with the intend to kill the unborn child
- Killing a witness in a criminal case to restrict the witness to perform any of the duties that they can serve as a witness.
There are several other offenses through which a person can be guilty of attempted capital murder sentence in VA.
A person who is found guilty of capital murder can be charged with serious penalties. There are certain variations in the penalties that are charged on the accused. These variations depend on the intensity of the crime committed and the age of the accused. If a person is at least 18 years old and is mentally fit than he/she can be charged with felony and can be sentenced for life imprisonment or even death, with possible fine of up to $100,000. If the accused is under 18 years old and is mentally retarded than the possible penalties that can be charged are life imprisonment and potential fine of up to $100,000.
Capital murder charges are extremely serious and can negatively affect the life of the accused. The future opportunities of the individual are also adversely affected due to these charges. A person who is charged with capital murder should consult with a defense attorney. These attorneys can help to build a thorough defense process against the charges. They legally assist their clients by exploring the plea bargain options. They can help to reduce or even dismiss the attempted capital murder sentence in VA, as they have the complete knowledge of the laws and regulations of the state.
This fact needs to keep in mind that when it comes to seeing the sexual battery laws in Alexandria Virginia, then this fact has observed that there are some laws which are imperative for a person to follow. It is not wrong to say that it is imperative for a person to follow all laws and try not to break anyone of them. If it happens, then a person has to face some issues because it is a society which always focuses on rules and regulations
Aggravated Sexual battery law
When it comes to following the sexual battery law, then it can be defined as a law in which it is prohibited to touch any part of the body. Most of the time it has known as oral sex. This fact has observed that it is imperative for a person to try and not break any law while living in Virginia. If it happens, then there are consequences which are faced by the person. It is not wrong to say that all you need to do is to focus on the way which can be used to take care of law related issues.
It is imperative for a person to abide by all laws and try not to violate any of it. If you are living in Virginia, then it is imperative for you to make sure to abide by all laws. It is not wrong to say that it is very important for a person to follow all the laws in Virginia so that there will not be an issue faced by a person.
Hiring an attorney
If you are facing any issue regarding battery law in Virginia, then there is no need to worry about. All you need to do is to hire an attorney and get rid of all of your issues. It is not wrong to say that hiring an attorney is one of the best ways which can be used by a person for the sake of getting rid of all problems.
How to pay?
It is imperative for a person to try to find ways which can be used to pay the fee. When it comes to hiring SRIS, then there are some ways which can be used to pay. Most of the people prefer to use online transaction because it is one of the best ways which can be used by a person for the sake of paying the fee.
Therefore, when it comes to abiding by Aggravated sexual battery law in Alexandria Virginia, then this fact needs to keep in mind that it is one of the best ways which can be used by a person for the sake of getting rid of issues. It is not wrong to say that all you need to do is to find a lawyer and get rid of issues related to laws.
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