DRUG FELONY CHARGES AND POSSIBLE PENALTIES
When you are arrested for Felony Drug Charges, you must immediately act to put yourself in the best long-term position. The first 7 days can make a huge difference in the results of your case with Expedited Drug Court for Felony Drug Charges.
| Level | Minimum | Maximum | Mandatory Parole | Fine | DOS |
| DF1 | 8 years | 32 years | 3 years | $5,000-$1,000,000 | $4,500 |
| Presumptive | Aggravated | ||||
| DF2 | 4-8 years | 8-16 years | 2 years | $3,000-$750,000 | $3,000 |
| DF3 | 2-4 years | 4-6 years | 1 year | $2,000-$5,000 | $2,000 |
| DF4 | 6 months – 1 year | 1-2 years | 1 year | $1,000-$100,000 | $1,500 |
AGGRAVATING FACTORS
- On parole for another felony
- On probation for another felony
- In prison, community corrections, or on escape status
- On probation for felony adjudication
*NOTE: (The sentencing range under the above aggravating factors are the statutory midpoint of the presumptive range to the maximum aggravated range)
STATUTORY AGGRAVATORS for Felony Drug Charges
- On bond for felony
- On bond for felony delinquent act
- On bond for any offense as a plea when original offense was felony
- On bond for any delinquent act when original the offense was felony delinquent act
- On a DJ&S for a felony delinquent act (Note: DJ&S adult inadvertently out)
- On parole for a felony delinquent act
*NOTE: (except for DF1, the presence of any one or more of the above sentence enhancing circumstances allows the court if it sentences the defendant to incarceration, to sentence the defendant to a term in the presumptive OR aggravated range)
DRUG MISDEMEANOR PENALTIES
| Level | Minimum | Maximum | Fine | DOS |
| DM1 | 6 months | 18 months | $500-$5,000 | $1,000 |
| DM2 | 0 months | 12 months | $50- $750 | $300 |
What is it a WOBBLER?
- Filed as felony drug charges (arrested, booked, and filed)
- Becomes a misdemeanor upon:
- Successful completion of:
- Probation
- Community Corrections
- Successful completion requires
- Determination by the court of successful completion
- Must include successful completion of treatment as determined to be appropriate to address treatment needs
- Successful completion of:
| Wobbler Eligible Crimes | Wobbler Ineligible Crimes |
| Possession of 4 grams or less of Schedule I and II or | Crime of violence or probation ineligible |
| Possession of 2 grams of Meth, Heroin, Ketamine or Cathinones, or 4 milligrams or less of Flunitrazapam | Defendant has prior conviction |
| Distribution – Sharing (see below for definition of sharing) | Offense required to be sentenced pursuant to conviction statute |
| Possession of Marijuana 12 oz. or more; 3 oz. or more of concentrate | Out of state conviction which would be a conviction or required to be sentenced as such |
| Script Fraud | Defendant not probation eligible |
| Defendant has two or more prior drug convictions that are felonies | |
| Drug conviction defined as; Out of state drug conviction Prior diversion or drug felonies Prior deferred prosecution of drug felonies Prior DJ&S or drug felonies Prior felony reduced to a misdemeanor as a wobbler Prior misdemeanor drug conviction which began as a felony as originally charged |
Consider is a Deferred Judgment with Felony Drug Charges
Another thing we always consider is a Deferred Judgment and Sentence on your Felony Drug Charges Allegation. Our job is to plan for the exit strategy for you and your family, including how to keep your record clean. It is a more holistic approach but can make a substantial difference in the long run.
What is a Deferred Judgment?
The way a deferred judgment works is that you sign the paperwork that you want to enter a plea of guilty. You appear in front of the Judge and enter a plea of guilty; the Judge accepts your plea of guilty but does NOT enter the conviction on the record. You do not have a conviction even though you entered a plea of guilty. Instead, the Judge continues (or defers) entering the judgment on the record. The Judge defers entering the judgment (or conviction) on the record for a period of time upon the condition you have no further violations of the law, and you complete whatever reasonable terms the Judge and probation impose. At the end of the period of time, the Court will review the file and if you have completed the reasonable terms and have no further violations of the law (great than a 6 point traffic violation) they will dismiss the case and shred your plea of guilty.
Who is Eligible for a Deferred Judgment?
A deferred judgment is usually negotiated between the district attorney and the defendant’s lawyer. It is imperative to have legal counsel representing you if you’re facing Felony Drug Charges. First-time minor offenses are most likely to be deferred. These may include things like:
- Drug possession for personal use
- Traffic violations
- Public intoxication
It becomes harder to get a deferred judgment if you have prior criminal offenses on your record, if you’ve been arrested for a DUI, or if you’re facing a serious felony conviction.
What Will Be Required of You During Your Deferred Judgment?
This is up to the judge and delivered on a case-to-case basis, but some penalties on Felony Drug Charges might include:
- Random drug testing
- Anger management classes
- Drug or alcohol education classes
- Counseling
- Prohibited contact from certain individuals
- Limited travel privileges
- Job or school attendance
- Community service
- Letters of apology
- Restitution to victims
- No additional law violations
