In Virginia, drug manufacturing is grouped with many other offenses including drug distribution, possession with intent to distribute, and intent to manufacture. If police and prosecutors believe you were planning on manufacturing a controlled substance, you can be charged with a felony offense, even if there is no proof you actually made the drugs in question.
You have the right to defend yourself and a prosecutor cannot get a conviction without proving guilt beyond a reasonable doubt. A Fairfax drug manufacture lawyer can provide you with advice on responding to these serious charges.
Many people involved in drug manufacturing are able to reduce penalties or earn a grant of immunity by providing information to prosecutors. A Fairfax drug manufacture lawyer can help you to determine eligibility and negotiate such an agreement.
Your attorney can also help you to explore options for plea bargaining to reduce your penalties, or options for raising defenses in court. To learn more about defenses and for help understanding your legal options, contact one of our drug lawyers in Fairfax today.
Virginia Code Section 18.2-248 criminalizes manufacturing, distributing, giving away, and selling drugs. Possession with intent to do any of these activities is also criminalized by this law.
Virginia Code Section 18.2-248(B) indicates that if something of value changes hands, or if a demand for something of value is made, and the value is similar to what the controlled substance is worth, this can be considered by the court as evidence of intent to manufacture an imitation controlled substance.
Other evidence that may be used to prove intent to manufacture includes having substantial volumes of certain controlled substances, or having equipment and materials commonly used to create a certain controlled substance even if those materials are legal to possess.
For example, Virginia Code Section 18.2-284(J) makes it a Class 6 felony to possess two or more substances commonly used to manufacture methamphetamine, methcathinone, or amphetamine. These substances include but are not limited to liquefied ammonia gas, ammonia nitrates, hydrochloric acid, and a variety of precursor drugs.
Code Section 18.2-284 establishes specific consequences for the manufacture of methamphetamine, its salts, and its isomers. For this offense, you can be imprisoned for 10 to 40 years and fined up to $500,000 for a first offense if you have less than 200 grams of a substance containing a detectable amount of methamphetamine.
If more than 200 grams are under your control, you face a penalty of 20 years to life. Twenty years is the mandatory minimum sentence; however, you can sometimes avoid this mandatory minimum if you did not possess a dangerous weapon, and you were not involved in a continuing criminal enterprise.
The consequences for manufacturing other types of controlled substances depend upon the schedule of the narcotic you are accused of manufacturing. Conviction for manufacture or intent to manufacture a Schedule I or Schedule II substance results in five to 40 years’ incarceration and up to a $500,000 fine.
Manufacture of a schedule III substance could lead to between one and 10 years’ incarceration. Manufacture of Schedule IV substances results in a maximum of five years’ incarceration, and manufacture of a schedule V or VI substance results in a maximum one year incarceration, making it imperative that a drug manufacture lawyer in Fairfax is contacted as soon as possible after you are charged.
If you are being charged with making, distributing, or even simply possessing a controlled substance, a Fairfax drug manufacture lawyer can assist you. The best way for us to determine the best defense options available is to call in and conduct your free consultation. Our legal team is standing by to take your call.
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