Minnesota Fifth Degree Controlled Substance Offenses
Controlled Substance Crimes In The Fifth-Degree, Statute 152.025, are taken seriously in Minnesota, as are all drug crimes. A person could be found guilty of possession or selling in the fifth-degree. Anyone found in illegal possession of a schedule IV drug, as classified by the DEA, or proof of the intent to sell a schedule IV drug, can be charged. The schedule IV list includes:
- Xanax
- Klonopin
- Valium
- Ativan
Minnesota also considers mixtures containing certain levels of THC as well. This charge refers to either one dosage of said medication or under .25 grams of THC. Heroin usually brings on higher charges unless the amount in possession is under .005 grams. The appearance of these charges on your record is damaging when it comes to looking for work or finding a place to live.
Possession Of A Controlled Substance
A person who tries to obtain, or has possession of, any scheduled drug under certain amounts, or a certain amount of THC, can be found guilty. Anyone who uses fraud and deceit in any form to obtain the particular drug may also be found guilty of this crime.
Anyone who changes their identity in some way and takes on the persona of a professional who may have special access to the drug, such as a doctor, pharmacists, or dentist, may receive these charges.
Selling A Controlled Substance
A person can be charged and found guilty with a fifth-degree sales charge if they are discovered selling, or intending to sell, a small amount of any schedule IV drug or a small amount of marijuana.
Any sale of illegal substances is considered a felony in Minnesota. You could be asked to forfeit your car or any other personal and valuable item. It is immediately essential to contact an aggressive and attentive lawyer to look into the charges and defend your interests.
Potential Consequences
A first-time fifth-degree scheduled drug charge is a gross misdemeanor, which is more serious than a misdemeanor. Any subsequent drug charges are considered felonies. When the crime is a felony, a mandatory minimum of six months in jail is applied.
If this is your first drug charge, penalties consist of up to five years of imprisonment and a fine of up to $10,000. If this isn’t your first charge, you could receive up to ten years imprisonment and a $20,000 fine.
There is a chance that you may receive both penalties if the prosecutors decide it’s warranted. Prosecutors may also petition the judge to ignore any mandatory minimum requirements if they believe that it is in everyone’s best interest. This gives the accused alternative sentencing options instead of prison time.
Possible Defenses
The best criminal attorneys always conduct their own investigations into all aspects of the alleged crime. How was each piece of evidence collected and is there a chance that this evidence was corrupted? A deep look into the words and actions of each person involved in charging you allows us to identify any violations of your rights,
Undercover agents cross a line if they used encouragement to lead you into buying or selling a drug. Each drug in question must go through scientific testing. The evidence goes through many hands before it can be proven and that raises any chance of tampering.
Perhaps the drug wasn’t yours and you didn’t know that you had possession of it. For example, a person can be charged for a single pill found in the backseat of the car, left there by a friend or an acquaintance. Did you grab medication from the wrong bottle before running out of the house? The state must prove that you had knowledge of the possession or that you purposefully sold the drug.
The entire goal is to decrease, or even dismiss, your charges for the greatest possible outcome in this unfortunate situation. It is imminent that you contact the best lawyer available.
Choose An Experienced, Compassionate Attorney For Drug Charge Defense
If you have been accused, or are being investigated, for a fifth-degree drug crime, Anderson Law Firm, PLLC is the answer to your problem. Minneapolis criminal attorney Kirk Anderson offers free confidential case evaluations 24/7.
Contact us here or give us a call at 952-582-2904. Kirk Anderson will aggressively defend your rights and your freedom, under any circumstances.
DISCLAIMER: The information contained in this article does not constitute an attorney-client relationship. Please contact attorney Kirk Anderson for an initial consultation.