Drug Crime Defense

Virginia Drug Crimes

Drug crimes in Virginia carry very different penalties depending on the schedule of the drug, the intent of the individual possessing the drug, and other circumstances.

  • Possession of a controlled substance can range from a Class 4 misdemeanor (punishable by only a fine) up to a Class 5 Felony (punishable by up to 10 years in prison and a $2,500 fine).

  • Manufacturing, selling, giving, distributing, or possession with intent to do any one of those acts with a Schedule I or II drug is punishable by up to 40 years in prison and up to a $500,000 fine. There are also mandatory minimum prison sentences for certain quantities of certain drugs. Virginia also has a 3-strikes law, which means that a third offense can be punished by life in prison.

  • Transporting of certain quantities of Schedule I or II controlled substances can carry up to 40 years in prison for a first offense, with a 3-year mandatory minimum prison sentence, along with fines of up to $1,000,000. A second offense takes the mandatory minimum prison sentence up to 10 years.

  • Methamphetamine is also treated more harshly under Virginia law, with a 5-year mandatory minimum prison sentence and possible life sentence for manufacturing, selling, or distributing over certain quantities.

“I was referred to [C.J.] for a DWI and possession charge in VA. I live in MD. [C.J] was diligent in making sure I got the best deal possible. He gave great advice, and it worked! I would absolutely use him for your VA cases. WELL WORTH IT!!”

— ADRIAN, CLIENT

Strategy Points

  • If the police officers stopped you, searched you, or arrested you without the proper justification prior to finding the drugs, then we can challenge the recovery of the drugs based on violations of your Constitutional rights.

  • Virginia law requires that the prosecution prove that you knowingly and intentionally possessed a controlled substance before you can be found guilty. If the prosecutor cannot prove that you knew what the substance was, we can base your defense on that lack of evidence.

  • In cases where drugs are found in a common area, like in a car with multiple occupants, the prosecutors must prove that YOU possessed the drugs (instead of someone else). If the prosecution doesn’t have that proof, then we can base your defense on that lack of evidence.

  • Do you suffer from addiction or mental health conditions? Is there a reason behind your alleged drug possession and use. If so, we can work together to help you address these issues and show the prosecution and the court that rehabilitation is right for your case, instead of punishment.

With the rise of addiction - particularly in the wake of the opioid epidemic - Virginia law authorizes Drug Treatment Courts. These specialized dockets, currently available in parts of Virginia, are aimed at reducing drug use, drug addiction, family separation, and drug-related crime. An experienced drug crime lawyer can help you determine if this route is appropriate for your case.

Areas We Serve

Prince William County, Virginia

Manassas, Gainesville, Haymarket, Nokesville, Manassas Park, Woodbridge, Lake Ridge, Dumfries, Occoquan

Fairfax County, Virginia

Fairfax, Centreville, Chantilly, Fair Lakes, Reston, Herndon, Vienna, Tysons, Great Falls, McLean, Springfield, Burke, Annandale, Falls Church, Fairfax Station, Clifton, Lorton

Fauquier County, Virginia

Warrenton, Vint Hill, New Baltimore, Bealeton, Catlett, Broad Run, Marshall, The Plains, Midland, Remington, Calverton, Opal

Loudoun County, Virginia

Leesburg, Sterling, Ashburn, South Riding, Broadlands, Purcellville, Aldie, Lansdowne, Brambleton, Lovettesville, Round Hill, Hillsboro, Hamilton

Stafford County, Virginia

Stafford, Aquia Harbor, Falmouth, Fredericksburg

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