Felony Drug Charges in Alabama - Travis T Juneau Law

Felony Drug Defense

Felony Drug Charges in Alabama are extremely serious and could have long-term repercussions on someone’s livelihood. It is highly recommended to retain an experienced Criminal Defense attorney, with knowledge of drug charges and crimes, if you are facing these legal issues. Alabama has strict charges and consequences for felony drug charges. Mere possession of any scheduled drug, apart from marijuana, can mean thousands in fines and prison time. These charges should not be taken lightly.

Travis Juneau has helped many clients facing these types of charges. If you’re looking for legal representation in matters of criminal defense, contact our team!

What are considered illicit substances in Alabama?

Alabama Statutes are difficult to understand, especially drug laws. A criminal defense lawyer, with experience in this legal area, can help make sense of all the details. Illegal drugs are referred to in court as CDS, that is, ‘Controlled Dangerous Substances.’

Alabama Drug Schedules:

Schedule I drugs have a high potential for abuse and currently have no accepted medical use. They are the only schedule of drug that cannot be prescribed. Examples include heroin, gamma hydroxbutyric acid (GHB), lysergic acid diethlamide (LSD), and marijuana.

Schedule II drugs may lead to severe psychological or physical dependence. Examples include morphine, methamphetamine, cocaine, methadone, hydrocodone, fentanyl and phencyclidine (PCP).

Schedule III drugs may lead to moderate or low physical dependence or high psychological dependence. Examples include anabolic steroids, codeine products with aspirin or Tylenol®, and certain barbiturates.

Schedule IV may lead to limited physical dependence or psychological dependence compared with Schedule III drugs. Examples include Klonopin®, Valium® and Xanax®.

Schedule V drugs have the lowest potential for abuse. They may lead to limited physical dependence or psychological dependence compared with Schedule IV drugs. Cough medicines with codeine are one example.

Felony Possession:

Possession is defined as carrying any amount above a certain small amount of a CDS. Possession of any illicit substance is a Class D or Class C. Class D Felony Possession charges are mostly reserved for Marijuana charges that do not fall under Class A Misdemeanors. Possession of cocaine for example is automatically a Class C Felony and possession above a certain amount of cocaine is automatically a 3 year prison sentence and fines above $15,000. Class B Felony charges face up to 20 years with no less than 2 years minimum. Class A Felony charges are the most severe and a person could face up to 99 years in jail and no less than 10 years minimum.

Felony Distribution:

Distribution and/or possession with intent to distribute (like when a scale is found during an arrest) is a Class B Felony and can be upgraded to a Class A Felony due to certain circumstances. As stated above, Class B Felonies charges can result in up to 20 years in jail as well as up to $30,000 in fines.

Other Felony Charges in Alabama:

Drug laws and their consequences are a complex set of statutes which are influenced by certain factors like repeated offenses, where or who the person charged was located or was selling to (for example selling to a minor). Felony charges can be upgraded to repeated offenses. For example, if a person has been previously convicted of two felonies (Class C through A), then their charges will be upgraded as follow:

Class C Felony will be upgraded to Class A.
Class B will see imprisonment of up to 99 years and no less than 15 years.
A 3rd Class A Felony charge will see the defendant charged with life in prison.

For a full breakdown of multiple convictions and their consequences, click here.

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When you need a trial lawyer, I’m here for you. As a former Tuscaloosa prosecutor, I know the ins and outs of criminal law from DUI law, drug law, violent crimes, theft, and everything in between, I’ll put that knowledge to work for you.