Drug crimes lawyer in Benton, MO.
In Benton, MO, charges from drug crimes can bring overwhelming challenges—looming over you, your freedom, future, and reputation—that demand immediate action. From a misdemeanor possession to a felony trafficking case or even a federal drug offense, the penalties can be life-altering—costly fines, lengthy incarceration, and a permanent record. With an experienced Benton, MO drug crimes lawyer by your side, you gain a powerful advocate ready to challenge the charges against you.
Act now to protect your future. Call Combs Waterkotte immediately at (314) 900-HELP or reach out online for a free consultation. Let our dedicated drug crimes lawyers in Benton, MO stand with you during this challenging time.
Facing Charges from Drug Crimes in Benton, MO? Choose Proven Legal Expertise
Your future is far too important to gamble with an inexperienced attorney in the Benton, MO area. Missouri continues to enforce some of the harshest drug laws in the nation, even with recent changes like partial marijuana decriminalization. Prosecutors are relentless in their pursuit of convictions, but at Combs Waterkotte, we’re even more relentless.
The Combs Waterkotte legal team boasts more than 40 years of combined experience and has successfully handled over 10,000 cases throughout Missouri and the Benton area, including:
Drug Crimes Lawyer in Benton, MO: How is the Severity Determined?
The severity of the penalties you could face and whether it’s a misdemeanor or felony hinges on:
- The classification of the drug (see details below)
- The amount of the drug involved
- Any aggravating or mitigating factors
A conviction for drug crimes in Benton, MO, has consequences that go far beyond fines or prison time. These long-term effects include:
- Barriers to finding or advancing in a career.
- Difficulty securing housing or obtaining loans.
- Hurting your reputation within your Benton, MO community.
- Loss or denial of professional licensure opportunities.
Drug Crimes Lawyer in Benton, MO: Understanding Missouri’s Drug Schedules and Penalties
Missouri’s schedule of controlled substances, categorized by the Missouri Department of Health and Senior Services under Missouri Revised Statute § 195.017, determines the severity of drug crimes and their penalties. They are:
- Schedule I drugs are those that have the highest potential for abuse and have no accepted medical uses, and therefore carry the stiffest sentences. These include opiates, heroin, LSD, MDMA, hallucinogenic mushrooms, and other hallucinogenics.
- Schedule II: Substances like cocaine, methamphetamine, fentanyl, oxycodone, and morphine, which have recognized medical uses but are tightly regulated due to their high potential for abuse.
- Schedule III drugs can lead to moderate or low physical dependence or high psychological dependence, and have a currently accepted medical treatment, including weight loss drugs, stimulants, antidepressants, and anabolic steroids.
- Schedule IV and Schedule V substances, which include prescription drugs like Valium, Xanax, Tramadol, Robitussin AC, Motofen, and Lyrica, are considered to have a lower potential for abuse and dependence.
Penalties for Possession
In Benton, MO, possession of a controlled substance other than marijuana or synthetic cannabinoids is treated as a class D felony, with potential penalties of up to 7 years in prison. If you’re caught with between 10 and 35 grams of marijuana or synthetic cannabinoids, the charge is a class A misdemeanor, carrying up to 1 year in jail. Possession of more than 35g escalates to a class D felony.
Penalties for Sale or Delivery
Delivery of a controlled substance is a class C felony, punishable by 3-10 years in prison, unless you deliver to a:
- Protected Location: You face a class A felony—10 to 30 years or life in prison—if you knowingly distribute, sell, or deliver within 2,000 feet of a school or 1,000 feet of a park.
- Minor: You face a class B felony if the recipient is younger than 17 and at least 2 years younger than you or you knowingly permit a minor to purchase or transport illegally obtained controlled substances.
Penalties for Trafficking
Missouri has two degrees of drug trafficking:
- First-Degree Drug Trafficking is a class B felony with a sentence of 5-15 years when involving:
- More than 10 milligrams of fentanyl
- Over 30 grams of heroin
- More than 8g of cocaine
- More than 30g of methamphetamine
When larger quantities are involved, it becomes a class felony, like:
- 20mg or more of fentanyl
- 90g or more of heroin
- 24g or more of cocaine
- 90g or more of methamphetamine
- Second-degree trafficking is a class C felony when the drugs involve:
- Over 10mg of fentanyl
- More than 30g of heroin
- Over 30 kilograms of marijuana
- Over 30g of methamphetamine
This offense becomes a class B felony when the amount is:
- 90g or more of heroin
- 24g or more of cocaine
- 100kg or more of marijuana
- More than 500 marijuana plants
- 20mg or more of fentanyl
Drug Crimes Lawyer in Benton, MO: Protecting Your Rights and Future
Time is critical. Contact an experienced drug crimes lawyer at Combs Waterkotte right away by calling Benton, MO or reaching out online to discuss the specifics of your case.
Benton, MO’s drug laws impose harsh penalties, but with a skilled legal team on your side, there’s hope. Our drug crime lawyers in Benton excel at finding vulnerabilities in the prosecution’s case. While strategies vary depending on your specific circumstances, here’s how we can build a robust defense strategy:
Fighting Illegal Search and Seizure
The Fourth Amendment protects your rights against illegal searches and seizures. If evidence was gathered without probable cause or a valid warrant, we’ll fight to have it suppressed. This can significantly weaken the case against you and may even lead to a reduction or dismissal of charges.
Challenge Possession
Possession charges require sufficient evidence of possession of the drugs. If the drugs were found in a shared space or if ownership is unclear, we can argue that you were not in possession. There are two types of possession:
- Actual Possession: This means that you had actual physical possession of a drug, whether in your hand, pocket, car, etc.
- Constructive Possession: While you may not have actual physical possession of a drug, you might have knowledge of and control of where the drugs are located, along with both the power and intention of physically possessing the drug at some time in the future.
Arguing Lack of Awareness
Missouri law requires the prosecution to demonstrate that you knowingly possessed or distributed the drugs. If evidence shows you were unaware of their presence—such as drugs being planted or left in your possession unknowingly—we can argue that you lacked the requisite knowledge to be held accountable.
Chain of Custody Errors
The chain of custody for evidence must remain intact to ensure its validity in court. Any lapses, such as mishandling during collection or improper storage, may render the evidence inadmissible. This defense is particularly relevant in Benton, MO drug crimes and DWI/DUI cases.
Challenging Evidence Sufficiency
The prosecution must prove your guilt beyond a reasonable doubt. If the evidence is circumstantial or fails to directly link you to the drug crime in question, your lawyer can challenge the sufficiency of the case against you in Benton, MO.
Claiming Duress or Coercion
If you were forced to commit a drug crime under threat of harm, we may use duress as a defense to challenge your culpability. Similarly, if you faced an immediate threat of bodily harm and no alternative means, your lawyer can claim coercion occurred.
Drug Crimes Lawyer in Benton, MO: Building Your Robust Defense With Combs Waterkotte
Our attorneys leverage decades of experience, a large network of experts, and a deep understanding of Missouri’s drug laws to craft a compelling defense. Here’s how we work to protect your rights in Benton, MO:
- Thorough Investigation:
We dig deep into every aspect of your Benton, MO case, from reviewing police procedures to gathering witness testimony, to uncover crucial details that may challenge the prosecution’s narrative. - Evidence Assessment:
Was the investigation conducted legally? Were your rights violated? We’ll examine every detail in Benton, MO to make sure that any unlawfully obtained evidence is excluded. - Negotiation with Prosecutors:
Occasionally, the ideal outcome is reached outside the courtroom. Our lawyers work diligently to reduce charges, negotiate plea bargains, or secure alternatives to jail time, like probation, drug courts, or treatment or diversion programs However, you always have the final say.
Drug Crimes Lawyer in Benton, MO: Why Hire Combs Waterkotte?
At Combs Waterkotte, our attorneys pride themselves on a results-driven approach and client-focused service in Benton, MO. When you hire us, you’ll get:
- Proven Expertise: Our team has a strong track record of securing favorable outcomes in Benton, MO drug crime cases.
- Clear Communication: Transparency is key—we make sure you’re never left wondering about your Benton, MO case’s progress.
- Focused Representation: We understand that every Benton, MO case is unique and build strategies specific to your needs and circumstances.
If hire Combs Waterkotte for defense of drug crimes in or around Benton, MO, you aren’t just selecting a top-rated drug crimes lawyer in and around Benton, MO – you’re safeguarding your rights, your freedom, and your future. In addition to expert defense from our esteemed drug crimes lawyers, our staff is available 24/7 and provides expertise in the following areas for residents in Benton and beyond:
- Gun Crime Lawyer
- Child Abuse & Neglect Lawyer
- Homicide Lawyer
- Assault Lawyer
- Rape Defense Lawyer
- Sex Offense Lawyers
- DWI Attorney
- Crime Defense Lawyers
- Domestic Violence Defense Attorneys
Facing a Drug Crime in Benton, MO? Reach Out To Combs Waterkotte Today
Your freedom and future are on the line, but with a skilled legal team, you can take control of your defense. A knowledgeable Combs Waterkotte drug crimes lawyer in Benton, MO can help you navigate the complexities of your case and work toward the best possible outcome. Time is critical—act now to protect your rights.
Call Combs Waterkotte today at (314) 900-HELP or reach out online for a free case review with one of our devoted Benton, MO drug crimes lawyers.