Are you facing a drug charge in Pennsylvania? If so, you’re probably worried about the penalties you could face for a conviction. Various circumstances can influence the sentence that a Pennsylvania court might impose for a drug offense, and one of the most important things you can do now is to get help from an experienced defense attorney.
Types of Drugs and Their Classifications
Pennsylvania law classifies controlled substances into five schedules, based on each drug’s potential for abuse, risk of addiction, and currently accepted uses in medical treatment in the United States. A drug’s schedule reflects how dangerous the law considers the drug. As a result, drugs classified into the more dangerous Schedule I and II categories (which include drugs with no accepted medical uses or accepted medical uses under supervised treatment and a high risk for abuse or addiction) tend to lead to charges that carry harsher penalties than drugs classified into Schedules III, IV, or V.
Amount of Drugs Involved
The quantity of drugs involved in an offense in Pennsylvania can also affect the severity of penalties imposed for a conviction. Depending on the type of drug, the law may measure the amount of narcotics by weight or the quantity of “units.” The amount of drugs can also affect whether a defendant faces charges for simple possession or a more serious offense like possession with intent to distribute or drug trafficking. Smaller amounts of drugs consistent with personal use may lead to a simple possession charge, while larger quantities consistent with drug distribution can result in trafficking or distribution charges.
Nature of the Offense
The nature of a drug offense will also determine what sentencing range a convicted defendant faces. Simple possession charges carry the least harsh penalties. Penalties increase for possession with intent to distribute, drug trafficking, and illegal manufacturing/cultivation. As simple possession offenses may result from a defendant’s drug addiction, the law imposes less harsh penalties than for distribution, trafficking, or manufacturing offenses committed by people responsible for putting illegal drugs in communities.
Prior Criminal History
Courts will also consider a defendant’s criminal history during sentencing. A first-time offender may receive a more lenient sentence than a defendant with prior drug convictions or a lengthy criminal history that includes other serious offenses, such as property, weapons, or violent crimes.
Other Aggravating Factors
Other aggravating factors can increase the sentencing range for a drug offense or require mandatory minimum sentences for defendants, such as:
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Committing a drug offense in or within the vicinity of a school zone or other protected areas, such as playgrounds or parks
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Committing a drug offense in the presence of a minor
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Committing a drug offense while in actual or constructive possession of a firearm
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Engaging in a drug manufacturing or distribution conspiracy
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Leading a large-scale or complex illegal drug operation
Eligibility for Diversion or Treatment Programs
Finally, the consequences that a defendant may face for a drug offense in Pennsylvania can depend on their eligibility for diversionary or drug treatment programs. A defendant in a first-time simple possession case may qualify for Accelerated Rehabilitative Disposition, which may allow them to avoid incarceration or a criminal record.
Contact Us Today for Help Facing Drug Charges
If you’ve been arrested for a drug offense in Indiana or Westmoreland counties, get the legal advice you need to understand your options and pursue the most favorable resolution possible. Contact Andrew F. Skala, Esquire, today for a free, confidential consultation with a drug defense lawyer and learn more about your charges, the penalties you could face on conviction, and how we can help you seek a positive outcome.