Facing a serious criminal charge can be overwhelming, especially when you are trying to understand the potential implications of the charge and determine your next steps. Possession of a controlled substance in the fifth degree in Mankato, while one of the less serious drug offenses, can still carry significant consequences, as it is typically a felony charge.
A drug charge can have lasting consequences that affect all aspects of your life. It is essential to thoroughly consider your options with the support of an experienced drug possession attorney who can provide guidance and build a compelling defense.
Under Minnesota Statutes ยง 152.025, there are multiple degrees of charges for possession of a controlled substance, ranging from the first to the fifth degree. First-degree offenses are the most serious and carry the steepest penalties, while each subsequent degree carries reduced penalties.
The severity of a possession charge depends on the following factors:
A Mankato fifth-degree possession of a controlled substance charge applies to substances classified as Schedule IV, which are substances that have a low likelihood of abuse and have accepted medical uses. Common substances that qualify for this charge include Xanax (alprazolam), Valium (diazepam), and Klonopin (clonazepam).
A knowledgeable attorney from Kohlmeyer Hagen Law Office, Chtd. can review your case to determine the severity of the penalties you are facing.
While a fifth-degree possession of a controlled substance charge may be the lowest possession charge in Mankato, it is still a criminal charge that can carry long-term penalties and consequences.
Depending on the specific circumstances, including the amount and type of substance and whether it is a first offense, the charge can be classified as either a felony or a gross misdemeanor.
The penalties for possession of a controlled substance in the fifth degree can include up to five years in prison and fines of up to $10,000.
Anyone in Mankato facing a charge of possession of a controlled substance in the fifth degree can ensure that their rights are protected by enlisting the help of an experienced attorney. An attorney can thoroughly investigate the evidence to ensure that the arresting officers followed proper procedures and that the chain of custody and testing of the substance did not violate any policies. If any violation is found, it can be grounds for dismissing the case.
An attorney can also determine whether a defendant’s rights were violated and demand that any illegally obtained evidence be excluded from court. Common violations include illegal search and seizure and self-incrimination.
Even if the case proceeds, an attorney can mount a strong defense and negotiate on your behalf. These negotiations could lead to reduced charges, lower penalties, or entry into a diversion program instead of jail time.
If you have been charged with possession of a controlled substance in the fifth degree in Mankato, you should take the charges seriously and reach out to an attorney for guidance. An experienced and dedicated attorney can help protect your rights and ensure that you have the strongest defense possible. Reach out to us today to get started.
