If you are facing felony 5th degree drug charges in Minnesota, there is a lot at stake, and a conviction can negatively affect your life long after you have completed your sentence. Therefore, it is essential you have an aggressive and experienced drug defense attorney like Coley Grostyan on your side. Coley has an long record of protecting his client’s legal rights and reputations, and obtaining the best possible outcome for his clients.
WHAT IS A 5TH DEGREE DRUG CHARGE?
In Minnesota, a fifth degree drug charge can be for either possession of controlled substances, or sales and intent to sell drugs.
5th Degree Controlled Substance – SALES
A 5TH Degree drug sales charge is a felony and means you are being accused of one or both of the following:
- Selling Marijuana or THC (including wax, hash, edibles, etc.), but not including giving away less than 42.5 grams of marijuana; or
- Selling a Schedule IV drug (this includes many non-prescribed narcotic stimulant and depressant drugs such as clonazepam and diazepam)
All drug sales charges in Minnesota are felony level offenses. the potential consequences of 5th degree felony drug sale charges include a maximum penalty of 5 years in prison and/or $10,000 in fines. Realistically, a conviction of Felony 5th controlled substance sale will likely result in some jail time, or prison time, depending on your criminal history. Many controlled substance sale cases also involve forfeiture of vehicles, cash, or other personal items of significant value.
5th Degree Controlled Substance – POSSESSION
A fifth degree controlled substance possession charge includes possession of 42.5 grams or more of marijuana, or small amounts of many other illegal controlled substances. Unlike felony 5th drug sale charges, the severity of the charge for 5th degree drug possession depends on the circumstances.
A gross misdemeanor 5th degree drug possession means you have no prior drug conviction and are being accused of one or both of the following:
- possessing less than 0.25 grams, or one-dosage unit, of controlled substance other than heroin; or
- possessing less than 0.05 grams of heroin;
A felony 5th degree drug possession means you are being accused of one or both of the following:
- possession of 0.25 or more grams, or two or more dosage units, of controlled substance other than heroin (this includes wax, hash and THC edibles)
- possessing 0.05 grams or more of heroin with a prior drug conviction;
- possession of 42.5 grams or more of marijuana; or
- possessing, having control over, or obtaining or attempting to obtain a controlled substance by fraud, deceit, using a false name or other false representation of indicating lawful authority to possess drugs.
5th Degree Drug Possession charges are one of the least serious felony level charges that can be charged in Minnesota. Because of this, even if the evidence against you is overwhelming, any good drug defense lawyer can typically resolve the case without much, if any, significant punishment. In many cases, Coley is routinely able to avoid a criminal conviction altogether and expunge the record so future employers or landlords will never know you were ever charged.
That being said, the maximum punishment (but very rarely occurs) for a 5th degree possession ranges from one-year in jail for a gross misdemeanor conviction, to up to 5 years in prison for a felony conviction. In addition to potential jail and fines, a controlled substance conviction can other serious consequences. From forfeiture of cars and cash, to affecting your ability to find meaningful employment and safe housing, the future consequences are significant.
AGGRESSIVE DRUG CHARGE DEFENSE
Like all drug cases, 5th degree controlled substance charges typically involve complex legal issues related to vehicle stops, search warrants, controlled buys, scientific laboratory tests, and other circumstances that need to be examined by an experienced criminal defense lawyer.
A good criminal defense lawyer always conducts an intense case analysis as to whether their client’s rights were violated during law enforcement’s investigation and discovery of evidence. Without a thorough and individualized legal analysis of your case, you give up your right to a complete defense against 5th degree drug charges. Failing to fight back and defend against such allegations also paves the way for others to be wronged by law enforcement’s constitutional violations.
CALL 612-747-2254 TO SCHEDULE A CASE CONSULTATION WITH AN EXPERIENCED MINNESOTA DEFENSE ATTORNEY
Minneapolis drug defense lawyer, Coley J. Grostyan, has a proven track record of fighting aggressively for his clients, protecting their legal rights and reputations, and obtaining the best possible outcome. Don’t chance facing serious felony drug charges without an experienced drug defense attorney on your side. Contact Coley Grostyan at 612-747-2254. Although based in Minneapolis, Coley Grostyan regularly represents individuals facing drug charges in state and federal courts throughout the State of Minnesota.
Minneapolis drug defense attorney Coley J. Grostyan is always accessible and promptly responds to the needs of his clients 24 hours a day, 7 days a week. For individualized and professional legal representation, contact Coley Grostyan today at 612-747-2254.