Nashville Drug Crime Attorneys
Criminal Defense Lawyers Helping Defendants Accused of Drug Charges Across Middle Tennessee
If you have been charged with a drug offense in Tennessee, you need to take these charges very seriously. You must retain professional legal representation from an experienced drug crime lawyer to defend your legal rights and speak on your behalf in a court of law. Tennessee drug laws are among the harshest and most unforgiving in the country, with criminal convictions carrying steep penalties like extensive jail time, costly fines, and permanent criminal records that can affect your constitutional rights, employment opportunities, and more.
Our drug crime attorneys are well-versed in state and federal laws that apply to controlled substances. We have the legal experience necessary to help you throughout the process in hopes of avoiding a felony conviction and a lengthy prison sentence. Depending on the facts of your case, we can develop varying defense strategy options to help fight back against drug charges.
We provide tireless representation and steadfast dedication to every client arrested or accused of the possession, sale, or manufacturing of illegal drugs in the Nashville area. If you do not properly defend your case with the help of a criminal defense attorney, you run the risk of severe penalties that can last a lifetime. Do not put your future at risk. Contact us to discuss your drug crime case today.
What Are Different Drug Offenses in Tennessee?
Tennessee drug laws classify drug offenses based on the type of substances involved, the quantity of those drugs, and the alleged intent behind drug possession.
The most common type of drug charge in Tennessee is simple possession or casual exchange. This type of drug offense applies to small amounts of illegal drugs or unauthorized prescription pills. The law may also apply to the exchange of controlled substances between individuals without the express intent to make money off the exchange or to distribute those drugs later.
If law enforcement personnel believe you intend to sell or distribute drugs, you could be charged with possession with the intent to distribute. Evidence obtained that could suggest the purpose of drug dealing could include the amount of drugs seized, electronic communications, packaging, weight scales, and large amounts of cash.
Selling controlled substances is a serious felony in Tennessee. Penalties for the sale of a controlled substance are similar to possession with the intent to distribute, but they can be made more severe if the offense occurs near public parks, schools, or daycare centers where children frequent.
Drug trafficking involves the large-scale distribution, import, or movement of illegal substances. Even if you do not personally handle the controlled substances, you could be charged with conspiracy if the prosecution alleges that you were part of a larger drug operation.
Drug manufacturing or cultivation relates to producing, growing, or creating illegal substances. Tennessee aggressively prosecutes such cases, and the penalties can be increased if children are in the manufacturing area.
Is Marijuana Legal Under Tennessee Drug Laws?
While marijuana has achieved legal status in many states across the country, the drug is effectively illegal in the state of Tennessee in all its various forms.
If you are arrested on a marijuana charge, you could face serious consequences, like any other type of drug crime. However, the potential implications of marijuana crimes vary. For example, marijuana drug possession can result in fines of up to $2,500 and jail time of less than one year. The cultivation or selling of marijuana comes with far greater consequences if convicted. In worst-case scenarios, those convicted could face felony charges, resulting in a maximum of 60 years in prison and fines of up to $500,000. The more severe punishments are generally reserved for those attempting drug trafficking throughout the state or those found with excessive amounts of weed in their possession.
CBD oil only became legal for medicinal use as recently as 2018. The hemp-derived oil is used to treat chronic pain, Huntington’s disease, Parkinson’s disease, glaucoma, and sleep disorders. You will require a valid prescription from a treating physician to use CBD oil in Tennessee lawfully.
What is the Difference Between Misdemeanor Simple Drug Possession and Felony Drug Possession?
Simple possession relates to possessing controlled substances for personal use. In Tennessee, the possession of any amount of controlled substance is considered illegal, and the penalties can range from misdemeanors to felonies depending on the quantity of the illicit drugs and the type of drugs in question. Those accused of simple possession must understand that the prosecution’s case must meet the burden of proof. Essentially, this means that they must show that you intentionally and consciously possess the drug. If it is possible to establish reasonable doubt on these grounds, you may be able to argue that you did not knowingly possess the controlled substance.
Possession with intent to sell or distribute is a more serious criminal offense. Drug possession with intent to sell, distribute, or manufacture is a serious felony in Tennessee. The penalties for possession with intent can include hefty fines and the possibility of extensive jail time.
While any type of drug charge is serious, certain offenses may indeed be more damning than others. Just the same, however, regardless of what sort of drug offense you have been accused of, you must seek professional legal support from experienced attorneys. Our legal team has extensive experience representing clients in various criminal defense matters, including those charged with drug crimes. To learn more about the benefits of our legal services and the common defenses we could employ for your case, please get in touch with us to schedule your initial consultation.
What Are the Different Controlled Substance Drug Schedules?
Tennessee classifies drugs and illegal substances into seven different schedules. Essentially, the schedule or category that a drug falls into will determine the severity of the criminal charges and the potential consequences of a conviction.
Schedule I includes illegal drugs with a high potential for abuse and no accepted medical use, including heroin, ecstasy, and LSD.
Schedule II drugs have a high abuse potential with limited medical use and include cocaine, meth, oxycodone, and fentanyl.
Schedules III through V include ketamine, steroids, and Xanax, which have been shown to have lower abuse potential.
Schedule VI includes marijuana. And Schedule VII includes butyl nitrate and other related substances.
What Are the Harsh Penalties for Drug Crime Charges in Nashville, TN?
Drug sentencing guidelines in Tennessee are categorized by the class of felonies or misdemeanors that the drug charge falls under.
A Class A misdemeanor is a first-time simple possession charge that carries penalties of up to $2,500 and jail time of less than one year.
Class A felonies relate to the trafficking of large amounts of Schedule I drugs. Penalties include up to $500,000 in fines and jail time between 15 and 60 years.
A Class B felony is reserved for the sale of Schedule I or Schedule II drugs. Punishments can include $250,000 in fines and jail time between eight and 30 years.
Class C felonies are for the possession of moderate amounts of drugs with intent to sell, distribute, or manufacture. Penalties include up to $10,000 in fines and jail time between three and 15 years.
A Class D felony is reserved for the manufacturing or selling of lesser substances. The defendant may face between two and 12 years in prison and up to $5,000 in fines if convicted.
A Class E felony is for repeat instances of simple possession. Penalties can include $3,000 in fines and between one and six years behind bars.
What Are Potential Defenses for Those Facing Serious Allegations of Drug Crimes?
Every drug case is unique. The defense strategy that clears the name of 1 defendant may be ill-advised for the next. Your criminal defense lawyers will need to examine the facts of your case to determine what defense strategies would be helpful during the legal process.
Potential defenses could include the following:
- Chain-of-custody errors. Mishandling evidence could result in that evidence being excluded from the prosecution’s case against you
- Entrapment. If you were coerced into committing a criminal offense you otherwise would not have committed, this could be considered grounds for dismissal of your case
- Illegal search and seizure. If law enforcement violates your 4th Amendment rights during a search, any evidence obtained in that search could be deemed inadmissible in a court of law
- Lack of possession. Your attorneys will attempt to prove that you were not in actual possession of the supposed drugs at the time of the arrest
- Lack of probable cause or search warrants. Law enforcement must have probable cause or a search warrant to initiate an arrest or an investigation of a suspect. Lacking either of those things could result in a case being dismissed
- Violation of Miranda rights. You are owed certain constitutional rights during an arrest. In many instances, law enforcement does not inform individuals of their rights or may violate those rights entirely
Contact Us to Schedule a Legal Consultation with Our Experienced Nashville Drug Crime Lawyers Today
Our Tennessee law firm provides steadfast legal representation to clients in Nashville and surrounding areas like Davidson County and Williamson County. As your legal representatives, our criminal defense attorneys will explore all legal options to help reduce the charges against you or see your case dismissed entirely. The sooner our attorneys have a chance to review the particulars of your case, the better your chances of a successful outcome.
Contact us to schedule your in-depth case evaluation with our legal team today. Every consultation is entirely confidential and comes with no obligation to retain our legal counsel.
Call our Nashville law office at 615-616-6775
