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Wrongful Possession Of Drugs In King
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State:
Multi-State
County:
King
Control #:
US-000303
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Federal law prohibits the unlawful manufacturing, distribution, use, and possession of controlled substances. Penalties depend on various factors, including the type and amount of the drug involved, and whether there is intent to distribute.
Now consider the mens rea of possession offenses. Most jurisdictions address the above questions by linking possession to a specific mental state. If a defendant knowingly acquires or receives a controlled substance, or knows that a controlled substance in his control, he can be convicted of possession.
Persons convicted of illegally possessing any controlled substance face penalties of up to 1 year in prison and a minimum fine of $1,000, or both. Second convictions are punishable by not less than 15 days but not more than 2 years in prison and a minimum fine of $2,500.
For example, you might be arrested for attempted possession of a controlled substance if you are caught trying to buy drugs from a drug dealer, but the drug dealer does not actually give you the drugs.
Mens rea is defined in law as the criminal intent to commit a crime and is established by the prosecution in order to prove the guilt of an offender in a criminal trial. There are four types of mens rea, acting purposely, acting knowingly, acting recklessly, and acting negligently.
Now consider the mens rea of possession offenses. Most jurisdictions address the above questions by linking possession to a specific mental state. If a defendant knowingly acquires or receives a controlled substance, or knows that a controlled substance in his control, he can be convicted of possession.
State Charges: On average, sentences for drug possession on state charges in New York hover around 20 months, which is slightly less than two years. Federal Charges: In contrast, the average sentence for drug possession on federal charges is approximately 81 months, equating to less than seven years.
The average sentence for drug trafficking was 82 months but varied by drug type. 97.2% were sentenced to prison. 62.1% were convicted of an offense carrying a mandatory minimum penalty; 53.5% were relieved of that penalty.
Mandatory Minimums for Drug Crimes SubstanceMinimumMaximum Simple possession of a controlled substance with 1 prior conviction 15 days 2 years Simple possession of a controlled substance with 2 or more priors 90 days 3 years Drug kingpin 20 years life repeat offender 30 years life26 more rows •
Since possession of a controlled substance is a non-violent crime, the Health and Safety Code considers it a misdemeanor. That means you can't get more than a year in county jail.