The penalties for drug offenses in Omaha can range from an infraction for possession of a small amount of marijuana to years in prison for trafficking more serious drugs. Various factors can affect Omaha drug penalties, including the number of prior convictions, the amount of the drug, the type of the drug, and the location where the drug offense allegedly occurred. As a result, consulting a determined defense lawyer when facing drug charges is critical.
Getting legal advice about your case from the knowledgeable drug attorneys at Berry Law can help in many ways. It can help someone understand the charges he or she is facing, the weight of the evidence in support of those charges, and the potential defenses available. Any drug charge is a serious matter. However, legal counsel and representation may be crucial to reaching a positive outcome in your case.
Potential Penalties for Possession of a Controlled Substance
Under Neb. Rev. Stat. § 28-416, possession of a controlled substance is generally a Class IV felony. For a Class IV felony, Omaha drug penalties may include a sentence of up to two years in prison, nine to 12 months of post-release supervision, and/or a $10,000 fine.
For possession of marijuana, however, the charges and accompanying penalties are different in most cases. Possession of less than one ounce of marijuana is an infraction for a first offense, which may result in a $300 fine and attendance at a drug education course. Subsequent offenses for possession of less than one ounce of marijuana are misdemeanor charges, which can result in a fine of $400 to $700 and a jail sentence ranging from five to seven days.
Possession of between one ounce and one pound of marijuana can result in slightly harsher penalties. For this offense, the charge is a Class III misdemeanor, which can result in a $500 fine and/or up to three months of incarceration.
Manufacturing or Distribution Offenses in Omaha
Controlled substances are classified according to schedules in the state of Nebraska. The drug penalties in Omaha for manufacturing or distributing controlled substances, as well as the intent to manufacture or distribute, depending on the schedule to which the drug is assigned.
Charges Based on Schedules
Manufacturing or distributing exceptionally hazardous drugs found in Schedules I – III is a Class II felony, which can result in anywhere from one to 50 years in prison, according to Neb. Rev. Stat. §28-105. For other controlled substances in Schedules I – III, the charge is a Class IIA felony, which carries a potential prison sentence of up to 20 years.
For controlled substances in Schedules IV – V, the charge is a Class IIIA felony, which can result in up to three years of incarceration, nine to 18 months of post-release supervision, and/or a $10,000 fine.
Charges Based on the Amount of a Drug
Omaha drug penalties also are based upon the amount of the drug involved in the manufacturing or distribution offense. Potential charges for manufacturing cocaine, crack, heroin, methamphetamines, and amphetamines may be a Class IB, Class IC, or Class ID felony based upon the weight of the drug. Conviction on one of these charges could range from a mandatory minimum of three years in prison for a Class ID felony to life in prison.
Fight Back Against Your Omaha Drug Charges
Omaha drug penalties can be extremely serious, particularly if the allegations involve the manufacturing or distribution of a Schedule I controlled substance. Given the potential severity of these penalties, it may be wise to consult a diligent lawyer. Getting legal advice at the outset of your case may be your strongest means of resolving the charges against you. Call Berry Law today to schedule a confidential consultation and start fighting back against your drug charges.
