Wednesday, April 22, 2015

Picked Up on NV Drug Charges? Why You Need a Criminal Attorney

The possession and sale of illegal drugs are serious crimes in Nevada. Possession of drugs, narcotics, or controlled substances without a prescription is, at minimum, a felony. In Nevada, drugs are classified into Schedules I, II, III, IV, and V. These classes are based on their potential for abuse, their medicinal uses, and the physical or psychological dependence that may result from abuse of the drug at issue. Penalties for drug charges may increase based on the classification of the drug. As the penalties vary, based on factors such as the drugs schedule categorization and the prior criminal record of the suspect, it is vital that those charged with drug-related crimes have a strong criminal defense attorney.

Possession of drugs with the intent to sell 

If a suspect is convicted of the unlawful possession of Schedule I or II drugs for the purpose of sale, he or she may face penalties such as:

  • For a first offense, a category D felony: state prison for a minimum of one year and a maximum of four years, and/or a maximum fine of $5,000.
  • For a second drug-related offense, a category C felony: state prison for a minimum of one year and a maximum of five years, and/or a maximum fine of $10,000.
  • For a third or subsequent drug-related offense, a category B felony: state prison for a minimum of three years and a maximum of fifteen years, and/or a maximum fine of $20,000.
If a suspect is convicted of the unlawful possession of Schedule III, VI, or V drugs for the purpose of sale, he or she may face penalties such as:

  • For a first or second offense, a category D felony: state prison for a minimum of one year and a maximum of four years, and/or a maximum fine of $10,000.
  • For a third or subsequent offense, a category C felony: state prison for a minimum of one year and a maximum of four years, and/or a maximum fine of $10,000.

Possession of drugs with no intent to sell

If a suspect is convicted of the unlawful possession of drugs without the purpose of sale, he or she may face penalties such as:


  • For a first or second offense of a Schedule I, II, III, or IV drug, a category E felony: state prison for a minimum of one year and a maximum of four years, and/or a maximum fine of $5,000.
  • For a third or subsequent offense of a Schedule I, II, III, or IV drug, a category D felony: state prison for a minimum of one year and a maximum of four years, and/or a maximum fine of $20,000.
  • For a first offense of a Schedule V drug, a category E felony: state prison for a minimum of one year and a maximum of four years, and/or a maximum fine of $5,000.
  • For a second or subsequent offense of a Schedule V drug, a category D felony: state prison for a minimum of one year and a maximum of four years, and/or a maximum fine of $5,000.
If you are facing a drug charge in the state of Nevada, it is important that you seek a criminal defense attorney for assistance. Contact our team at the De Castroverde Law Group to discuss your case and legal options as soon as possible.