Are you facing drug charges in Birmingham, AL? Whether you’re dealing with misdemeanor or felony charges, a conviction can change your life forever. Having an experienced Birmingham drug crimes lawyer in your corner from the start is critical. Call the lawyers at Jaffe, Hanle, Whisonant & Knight, P.C. at (205) 930-9800 today.
Even relatively minor charges can result in jail time and a lasting criminal record. The most serious charges can lead to years in prison and significant penalties. With over 100 years of experience handling criminal cases, our attorneys at Jaffe, Hanle, Whisonant & Knight, P.C. know how to protect you.
Don’t sit back and let the prosecution convict you without fighting back. Contact our law offices in Birmingham, Alabama, to schedule a free consultation with a leading defense lawyer who can help.
How Jaffe, Hanle, Whisonant & Knight, P.C. Can Help If I’m Facing Drug Crimes Charges in Birmingham
Drug convictions in Alabama come with stiff penalties. That’s true even for first-time and non-violent offenders. Prosecutors are often unsympathetic even when you’re dealing with addiction. They’ll seek the maximum penalties whenever possible.
You deserve the most experienced Birmingham criminal defense attorney possible if you were arrested. Our team has been successfully advocating for clients like you since 1991.
When you hire us to protect you, you can breathe more easily because you’ll have a lawyer to:
- Conduct a comprehensive investigation to locate any exculpatory evidence
- Identify any weakness in the prosecution’s case against you and use that to your benefit
- Ensure your constitutional rights are respected at every stage
- Negotiate with state prosecutors to pursue reduced charges or outright dismissal
- Help you understand the terms of any plea deal
- Build the strongest case possible and fight aggressively for an acquittal at trial
Taking an aggressive approach is the best way to protect your future. Our Birmingham criminal defense lawyers know how to minimize the fallout if you were charged with a crime. Call us today to get started.
We Handle All Types of Drug Charge Cases in Birmingham
Our team at Jaffe, Hanle, Whisonant & Knight, P.C. handles all types of drug charges in Birmingham, including those involving:
Possession of a Controlled Substance
The severity of a drug possession charge depends on the type of drug and the amount of drug involved. You could face felony or misdemeanor charges.
Simple drug possession is a misdemeanor. These charges apply in situations where you possess marijuana for personal use.
Felony drug possession charges apply in cases where:
- You possessed marijuana for something other than personal use, typically based on the amount in your possession
- You have prior convictions
- You obtained prescription drugs using false pretenses, such as forging a prescription or using someone else’s name
- An adult sold marijuana to someone under the age of 18
The severity of the felony charges will depend on the circumstances, but you could face Class A, Class B, or Class D felony charges. Mandatory minimum sentencing requirements often apply in felony-level drug possession cases. That means the judge has little discretion when imposing punishments during sentencing. The judge can tack on an extra five years to a prison sentence if you’re convicted of selling marijuana within three miles of a school or university.
State laws on marijuana are constantly changing. However, as of right now, Alabama is fairly strict when it comes to marijuana charges. Even if you only possessed the drugs for personal use, you can still face jail time. It’s critical to have a lawyer in your corner to protect you.
Drug Manufacturing Charges
You could face drug manufacturing charges in Alabama for things like growing marijuana or creating methamphetamine in a lab. Manufacturing drugs is a much more serious crime. As with other drug offenses, the severity of the charge will depend on the circumstances.
You can be charged with drug manufacturing in the following circumstances:
- You manufacture or grow any controlled substance listed in Schedules I through V
- You possess certain substances with the intent to unlawfully manufacture
Drug manufacturing is typically a Class B felony that carries significant prison time. As with other drug charges, aggravating circumstances could result in more serious penalties.
Drug Trafficking
Drug trafficking is an extremely serious offense. Alabama laws define drug trafficking to include the intentional sale, delivery, or bringing drugs into the state.
The severity of the charge depends upon:
- The type of drug involved
- The amount of the drug involved
- The defendant’s prior criminal history
As with other drug charges, mandatory minimum sentencing requirements may apply. Those mandatory minimum sentences include a mandatory life sentence for convictions involving extremely large quantities of drugs.
Drug Distribution Charges
Drug distribution charges in Alabama fall into two categories:
- Unlawful distribution of a controlled substance
- Possession of a controlled substance with intent to distribute
Drug distribution is defined to include any situation where you sell, deliver, distribute or even give away any controlled substance in Schedules I through V.
To convict for the intent to distribute a controlled substance, the prosecutor must prove that you knowingly possessed certain amounts of the drug. The relevant amount depends on the type of drug involved.
For example, you can be convicted if you knowingly possess more than eight grams of cocaine. When fentanyl is involved, you can be convicted for possessing more than one-half of a gram.
The rationale is that when you possess large amounts of a controlled substance, the prosecution assumes the drugs weren’t for personal use. The charge is the same regardless of whether you actually sold the drugs. If convicted on either type of distribution charge, you’ll face penalties for a Class B felony in Alabama.
What Penalties Can I Face if Convicted on Drug Charges in Alabama?
The penalties you can face will, of course, depend on the nature of the charge.
In drug crime cases, the sentence on conviction will also depend on:
- The type of controlled substance involved
- The weight of the drugs involved
- Whether aggravating or mitigating factors are relevant
- Mandatory minimum sentences imposed under state law
- Whether you have any prior convictions
Basic sentencing guidelines in Alabama depend upon how a felony charge is graded.
Sentencing guidelines for felony prison terms include:
- Class D felony: No less than one year and one day and no more than five years
- Class C felony: No less than one year and one day and no more than 10 years
- Class B felony: Between two years and 20 years
- Class A felony: Between 10 years and 99 years, or life in prison
Despite these basic guidelines, remember that many drug charges carry enhancements depending on the circumstances. That means you could be facing a longer prison sentence, depending on the circumstances of the crime.
Felony convictions can also result in significant financial penalties. Those penalties can range from $7,500 to upwards of $200,000, depending on the circumstances.
You could also be facing Class A misdemeanor charges for crimes that are perceived as less serious. Class A misdemeanor charges can result in up to one year in jail and $6,000 in financial penalties.
What Defenses Can Be Raised if I’m Facing Drug Charges in Alabama?
Alabama imposes significant penalties for drug crimes. Even if you’re facing the harshest penalties, that doesn’t mean your case is hopeless. State prosecutors have to prove their case beyond a reasonable doubt. That can be a heavy burden if you have an experienced attorney building your defense strategy.
Our team at Jaffe, Hanle, Whisonant & Knight, P.C. will evaluate every potential defense when we’re building your case.
Our Birmingham drug crimes attorneys will carefully investigate and build a defense that may include:
- Challenges to chain of custody or how the evidence in your case was handled
- Constitutional violations, including illegal searches and seizures, violation of your right to an attorney, or Miranda violations
- Challenges to the validity of search warrants
- Issues involving your knowledge, intent, or state of mind when relevant to the charge
- The prosecution had insufficient proof that the substance was a controlled substance
- Entrapment and other violations by law enforcement during their investigation
Police and prosecutors often rely on circumstantial evidence when they’re building their case. Our lawyers will challenge that evidence at every turn. We’ll quickly move to exclude any illegally obtained evidence from consideration in your case.
With the help of an experienced legal team, there are many different ways to defend yourself. Count on our lawyers to build the effective legal defense you deserve.
Contact an Experienced Birmingham Drug Crimes Lawyer for a Free Consultation
Facing any type of criminal charge can be frightening. Cases involving drug charges often involve complex and nuanced laws. You may even be facing a variety of charges.
The best way to protect yourself when facing drug charges is to hire an aggressive Birmingham drug crimes lawyer to defend you from the start. At Jaffe, Hanle, Whisonant & Knight, P.C., we have the knowledge and resources to build the aggressive defense you deserve. Call today to arrange a free and confidential consultation.
Visit Our Criminal Defense Law Office in Birmingham, AL
Jaffe, Hanle, Whisonant & Knight, P.C.
2320 Arlington Ave S Suite 100, Birmingham, AL 35205
(205) 930-9800
Nearby Rehab Centers
- Birmingham Metro Treatment Center – 2500 4th Ave S, Birmingham, AL 35233
- Coastal Recovery – 1720 7th Ave S #430, Birmingham, AL 35233
- Impact Recovery Center – Birmingham Drug Rehab – 2900 Cahaba Rd., Suite 100A Mountain Brook, Birmingham, AL 35223
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