Prescription Drug Charges Lawyer in St. Louis, MO. A criminal charge for illegal possession of prescription drugs in St. Louis is no small matter. This is a serious offense that could result in a felony on your record. Combs Law Group can help. If you are facing St. Louis prescription drug charges, you want to have somebody on your side – a criminal defense attorney in St. Louis who won’t stop fighting for you.
We know that good people can make poor decisions, putting themselves in the wrong place at the wrong time. Call Combs Law Group right now at (314) 900-HELP or contact us online to schedule a free consultation to discuss the specifics of your case.
What Are the Most Common Prescription Drug Cases Seen in St. Louis?
Prescription drug abuse has reached a historic high in recent years, particularly opioids. Some of the most common prescription drug charges our St. Louis criminal defense attorneys see stem from the use of:
- OxyContin
- Vicodin
- Xanax
- Oxycodone
- Hydrocodone
- Adderall
- Concerta
- Ritalin
- Percocet
Are There Increased Penalties for Prior or Habitual Drug Charge Offenders in St. Louis?
Penalties imposed for St. Louis prescription drug charges will largely depend on the charge, the controlled substance involved, and your prior criminal history. Multiple convictions, for example, can subject you to heightened punishments, which can include higher fines and longer prison terms. Missouri allows for prosecutors to elevate punishment for habitual offenders to a level higher than the typical charge for the offense involved. This means that if you are charged with a crime that is considered a class C felony and have been convicted of a prior charge, you may be subjected to sentencing guidelines for a class B felony, although specific circumstances can vary. As always, call Combs Law Group with any questions or concerns at (314) 900-HELP or contact us online.
Missouri Revised Statute §558.016 calls for extended terms for prior criminal conduct and defines habitual offenders as:
- A prior offender is one who has been found guilty of one felony
- A persistent offender is one who has been found guilty of two or more felonies committed at different times
- A dangerous offender is one who:
- Is being sentenced for a felony during the commission of which they knowingly murdered or endangered or threatened the life of another person or knowingly inflicted or attempted or threatened to inflict serious physical injury on another person; and
- Has been found guilty of a class A or B felony or a dangerous felony
- A persistent misdemeanor offender is one who has been found guilty of two or more offenses, committed at different times that are classified as class A or B misdemeanors under the laws of the state
What Are the Common St. Louis Prescription Drug Charges?
In St. Louis as well as throughout Missouri, all of the above listed and many more prescription drugs fall under the category of controlled substances. Substances are broken down into schedules, from I to V under Missouri Revised Statute §195.017, based on the level of potential for abuse. The Combs Law Group St. Louis prescription drug charges attorneys have experience in the following common charges:
Possession or Control of a Controlled Substance
Under Missouri Revised Statute §579.015, a person commits the offense of possession of a controlled substance if they knowingly possess a controlled substance. The offense of possession of any controlled substance, except 10 grams or less of marijuana or any synthetic cannabinoid, is a class D felony.
Delivery of a Controlled Substance
Delivery of a controlled substance is a common charge related to prescription drugs because getting ahold of these substances requires someone to have a prescription. Therefore, giving or selling your prescription drugs can create an even more substantial felony than even possession of these drugs without a prescription. In St. Louis and elsewhere throughout Missouri, you commit the offense of delivery of a controlled substance if, except as authorized by law, you:
- Knowingly distribute or deliver a controlled substance
- Attempt to distribute or deliver a controlled substance
- Knowingly possess a controlled substance with the intent to distribute or deliver any amount of a controlled substance
- Knowingly permit a minor to purchase or transport illegally obtained controlled substances
Under Missouri Revised Statute §579.020, the delivery of a controlled substance is a class C felony. However, it could be escalated to a class B felony if you deliver or distribute a controlled substance to a person less than 17 years of age who is at least two years younger than you; or you knowingly permit a minor to purchase or transport illegally obtained controlled substances.
Distribution of a Controlled Substance in a Protected Location
The distribution of a controlled substance in a protected location is defined in Missouri Revised Statute §579.030. You commit the offense if you knowingly distribute, sell, or deliver any controlled substance, except 35 grams or less of marijuana or synthetic cannabinoid, to a person with knowledge that the distribution, delivery, or sale is:
- In, on, or within 2,000 feet of the real property comprising a public or private elementary, vocational, or secondary school, or any school bus
- In, on, or within 2,000 feet of the real property comprising a public park, state park, county park, municipal park, or private park designed for public recreational purposes, as park is defined in Missouri Revised Statute §253.010
- In or on the real property comprising public housing or other governmental assisted housing
The distribution of a controlled substance in a protected location offense is a class A felony. If you or a loved one is facing these types of charges, or any others for that matter, call Combs Law Group immediately at (314) 900-HELP or contact us online.
Can a Combs Law Group Prescription Drug Charges Attorney Help Me Avoid Jail Time in St. Louis?
While we have years of experience in all of the above St. Louis prescription drug charges, as well as a host of other drug charges in St. Louis, the outcome of specific cases depends on a variety of factors, including the exact charges and whether or not you have a criminal history. In some cases, you may be able to pursue drug rehabilitation instead of jail time. In others, having a knowledgeable and aggressive criminal defense lawyer in St. Louis can help you broker a deal and avoid incarceration altogether.
Prosecutors must prove, beyond a reasonable doubt, that you were knowingly in possession of a prescription drug. Again, outcomes vary depending on specific details of cases, but Combs Law Group is armed with several successful defense tactics. The most common is sometimes referred to as unwitting possession, but others include:
- Claiming the drugs belong to someone else
- Asserting that the drugs were searched for illegally
- Showing you were a victim of entrapment
- Forcing the prosecution to prove the legitimacy of the prescription
- Forcing the prosecution to prove the alleged illicit substance is actually drug
You Deserve a Skilled St. Louis Prescription Drug Charges Attorney Fighting in Your Corner Today
If you have been accused of St. Louis prescription drug charges, you need someone on your side, standing by and fighting for you. A Combs Law Group prescription drug charges attorney fights aggressively, tenaciously, and intelligently for our client. We will help defend your rights and avoid the overly harsh St. Louis and Missouri drug crime punishments.
Call Combs Law Group now at (314) 900-HELP or contact us online for a free, confidential case review.