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Virginia Man Faces Charges for Drug Crimes & Weapon Offense

Drug1

Local and state authorities arrested a 34-year-old man from Martinsville, Virginia, for two drug crimes and a weapon offense, reported the Martinsville Bulletin.

On Wednesday, January 30th, the Henry County Sheriff’s Office and the Virginia State Police searched the man’s home for illegal drugs and firearms. The search turned up a firearm and large amounts of two substances. Police officers believe the substances to be cocaine and marijuana. Though official testing has yet to occur.

Based on the results of the search, police officers arrested the man and charged him with the following felony offenses:

  • Possession of cocaine with intent to distribute;
  • Possession of marijuana with intent to distribute; and
  • Possession of a firearm and a Schedule I or II controlled substance.

Possession with Intent to Distribute Cocaine

Code of Virginia Section 18.2-248 makes it illegal to possess Schedule I or II controlled substances, such as cocaine, with the intent to distribute. Under Virginia law, the term distribute also includes similar transfers of possession, including gifting or selling.

The penalties for possessing cocaine with the intent to distribute, sell, or gift are as follows:

  • First Conviction — The offender faces imprisonment for five to 40 years and $500,000 in criminal fines;
  • Second Conviction — The offender faces imprisonment for five years to life and $500,000 in criminal fines; and
  • Third or Subsequent Conviction — The offender faces imprisonment for 20 years to life and $500,000 in criminal fines.

Possession with Intent to Distribute Marijuana

Code of Virginia Section 18.2-248.1 makes it unlawful to possess marijuana with the intent to distribute, sell, or gift. The penalties for possessing marijuana with the intent to distribute, sell, or gift are as follows:

  • Up to 1/2 ounce — The offender faces Class 1 misdemeanor charges, punishable by 12 months in county jail and $2,500 in criminal fines;
  • Between 1/2 and 80 ounces — The offender faces Class 5 felony charges, punishable by one to 10 years in prison and $2,500 in criminal fines; and
  • More than 80 ounces — The offender faces imprisonment for five to 30 years.

Possession of a Firearm & Controlled Substances

Code of Virginia Section 18.2-308.4 prohibits any person from possessing a firearm and a Schedule I or II controlled substance. To qualify as a violation of this section, the alleged offender must possess the firearm with knowledge and intent.

Any person who violates Section 18.2-308.4 is guilty of a Class 6 felony in Virginia. The conventional state punishment for a Class 6 felony includes 12 to 60 months in prison and $2,500 in criminal fines.

Do You Need Legal Help?

If you need legal help with drug crimes or weapon offenses in Virginia, it is best to consult with a skilled criminal defense attorney. The attorneys at Simms Showers LLP, servicing Leesburg, Winchester, Fairfax, and Manassas, have helped many clients across Virginia with drug crimes, weapon offenses. and other criminal charges. If you need  criminal defense, contact us today for a free initial consultation.

Resources:

law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-308.4/

martinsvillebulletin.com/news/local/crime/martinsville-man-arrested-on-drug-trafficking-weapons-charges/article_bf21a120-258e-11e9-8810-f3bcc224802e.html

https://www.simmsshowerslaw.com/the-safe-reporting-of-overdoses-in-virginia/

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