first time felony charges

Typically, a person will be charged with felony drug possession based upon the schedule of the drug—in other words, how the substance ranks in terms of abuse potential and medical use. In addition to a prison sentence, a conviction for a first or second degree felony is also punishable by a fine. That is why it is critical to get in touch with an experienced criminal defense attorney who can review your unique situation and recommend a strategy for approaching your charge. Penalties for a First Time Felony Conviction. This even includes first time offenders. If he is sentenced to jail, there is the possibility he can do weekends or community work program in lieu of jail time. First-time felony offenders will get less severe punishment. Schedule 1 and 2 substances include drugs like heroin, cocaine and morphine, and drugs that fall into these categories typically qualify for a felony charge. In addition, you may be required to pay a significant monetary fine of up to $100,000. This is the reason you need to hire an experienced criminal defense lawyer who will represent you. Performance & security by Cloudflare, Please complete the security check to access. Felonies can be punishable by substantial fines and prison time exceeding one year. Misdemeanors are generally punishable by fines and jail time of less than one year. A lawyer may also approach the case from the perspective of law enforcement to ensure that you were not a victim of unlawful search or police misconduct. WEAPONS: Concealed Pistol, Rifle or Shotgun (firearm) Felony, Up to $5000 Fine &/or 5 Yr. The Brown family has maintained a tradition of excellence as legal practitioners for more than 65 years. I opened up the Texas criminal law for John and showed him that the rules for how quickly you can get an arrest off of your record depend greatly upon the type of charge you have and how it was dismissed. Class X is the most serious type of felony in Illinois, which included murder and other elevated crimes. Conditional Discharge for First-Time Possession Charges & Offenders in New Jersey. This means that a crime that did not involve heinous facts, committed by a first-time offender, will be punished less severely than the same offense committed in a brutal way by a repeat offender. The justice of the peace sits at the front and is in charge of the courtroom. A felony drug charge does not have to mean automatic fines and jail time; work with a lawyer to approach your case wisely given the available evidence. When considering a defense against felony drug charges for first time offenders, a number of options are available. Conditional discharge in New Jersey is a diversionary program in municipal court that exists for first-time drug offenders that may allow you to serve probation (of one to three years) and have charges against you dismissed, and, under certain circumstances, to keep your driving privileges. A court can only move to convict if the evidence proves beyond a reasonable doubt that you are guilty, and an experienced attorney may be able to call your case into question on the grounds of the substance possessed, how much was possessed and even whether or not it belonged to you. For instance, cases can be thrown out due to insufficient evidence, the way in which certain evidence was obtained (such as an unconstitutional search and seizure) or even the expiration of a crime's statute of limitations. For many, jail time is inevitable unless you have an experienced attorney on your side. Naturally, a repeat offender will face a more severe punishment than a first-time offender even if they commit the same crime. Arizona’s criminal code lays … Here are some examples for the first-time felony charges: First-degree sexual assault: 5-50 years in prison; Possession of 3 or more ounces of marijuana: up to 5 years in prison, along with fines; Burglary is punished by up to 10 years in prison and a fine up to $10,000; First-degree arson is punished by up to 20 years and a fine up to $20,000 You’ll minimize your chances of going to jail if you hire an experienced criminal defense lawyer. Depending on Degree of Felony. If you are facing a first criminal charge, read on to learn more about our state's First Offender Programs. Aggravating factors, such as distributing or possessing substances in a school zone, can increase the severity of your charge. We have been helping people avoid jail time on first offense theft charges for over 30 years. Depending on the specific drug crime charged, the potential punishment could range from probation to a mandatory jail sentence of more than 20 years. *Violent Felony Offender (3 rd time) Mandatory Minimum of 5,15,30 or Life in Pen. This law pertains to first-time felony drug offenders that have no prior convictions in Texas. You have never been sentenced as a First Offender; Your charge is not Driving under the Influence (DUI); Your charge is not a serious crime committed against a law enforcement officer engaged in his duties; Your charge is not a serious violent felony (O.C.G.A. Felony charges are more serious and typically result in fines, restitution, and jail time. § 3607. • Instead of receiving the maximum sentence, which can be two to 99 years in jail, depending on the felony classification, convicted individuals undergo rehabilitation for … Some jurisdictions use "degrees" rather than "levels" to rank the seriousness of felonies, i.e., fifth degree felony or first degree felony. What Is A First Offenders Program? CAMERON V. GORE, ESQ. To be eligible, the defendant must not have prior state or federal convictions concerning controlled substances. If he has never been in trouble before, he is a good candidate for probation and possibly can avoid jail time. The legal procedure for approaching a first offense felony drug charge will depend largely on your unique circumstances, such as whether the charge is for possession or distribution, how much of the substance you were carrying and whether any aggravating factors are at play that may make penalties harsher. REAL ESTATE AND CONTRACT LAW EXPERT, JOINS THE BROWN FIRM AS PARTNER. However, a felony drug charge does not have to mean significant punishments, and a lawyer skilled in representing drug crime cases will be able to ensure that you see the best possible result when you go to court. From petty theft to first-degree murder, a judge or prosecutor can choose to dismiss any criminal charge, and there are many reasons for such a dismissal. Class X may be a more serious version of other crimes that begin as a lower level charge, such as aggravated criminal sexual assault, while criminal sexual assault is a … If you or someone you know is facing a first offense felony drug charge, understanding the charges and possible penalties can be challenging. However, it would be reasonable to assume that you could get probation on a first time charge for simple possession. These will involve at least one year in prison and higher criminal fees. Additionally, Texas has the “First Time Offender Felony Charge Act.”. Stepping Into Truth: Conversations on Race, Gender, and Social Justice, Discrimination, Harassment and Civil Rights Laws, Northern Virginia Employment Discrimination Laws, Wrongful Death By Law Enforcement Official, Possession of Marijuana W/Intent To Distribute, Possession of a Controlled Substance in Virginia, Virginia Commercial Drivers License Suspension, Virginia DUI and DWI Frequently Asked Questions, Driving With a Suspended License in Virginia, Virginia Reckless Driving Defense Strategies. Prevent getting this page in the courthouse for over 30 years or someone you know is facing serious consequences,... Having to post bail a first offense felony drug conviction may result in 2 years in prison and criminal. The first call one should make after being hit with a felony or misdemeanor Sonali: Jacob Blake –! Alternative sentences to first-time misdemeanor or felony perpetrators education and rehabilitation program if you ca n't find your courtroom find. 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