The most complicated criminal laws in America are drug laws. There are different classifications of drug offenses and each one carries with it both minimum and maximum sentences. Although sentencing guidelines can help Kentucky judges hone in on average penalties to assign in certain cases, the court can use their discretion to determine what’s best.
In Kentucky, there are six types of drug offenses: drug possession, drug trafficking, drug manufacturing, drug cultivation, prescription drug fraud and intent to sell controlled substances. A defendant’s participation in a drug rehabilitation program is often a component of their sentencing for drug crimes either in Frankfort or Shelbyville. Rehab can be used to offset some or all of possible jail time in some cases.
When a person is charged with drug possession in Kentucky, that means they are deemed to have had both custody and control of the drugs.
There are three types of drug offenses in Kentucky. There are first-, second- and third-degree charges.
A first-degree offense in Kentucky is when a person knowingly and unlawfully possesses a Schedule I or II drugs. Controlled substances that are classified as such include methamphetamine, lysergic acid diethylamide (LSD), phencyclidine (PCP), gamma-hydroxybutyrate (GHB) or flunitrazepam.
Anyone charged with a first-time Schedule I offense may be found guilty of a Class D Felony. Any subsequent offenses may be charged as a Class C felony instead.
A defendant may be charged with a second-degree offense if prosecutors believe that that individual knowingly and unlawfully possessed non-narcotic Schedule I or II drugs or any Schedule III ones other than LSD, marijuana or PCP.
Any defendant convicted of such a crime will generally end up with a Class A misdemeanor on their record. Any subsequent convictions may be classified as Class D felonies though.
An individual may be charged with a third-degree offense if police discover that they knowingly and unlawfully had or peddled Schedule IV or V drugs.
A first-time charge in these types of instances is generally classified as a Class A misdemeanor. All subsequent offenses are most often classified as Class D felonies.
If you have been charged with drug possession, then the truth is that you’re likely facing some serious jail time. An attorney who has significant experience in handling such legal matters is who you should have on your side if you want a chance to achieve the best outcome possible in your Kentucky case.