Lexington Drug Crimes Lawyer

Were you recently arrested for a drug offense in Lexington, KY? If so, it’s important to fight back forcefully against the state prosecutor to try to prevent them from convicting you and sending you to jail.

To begin your legal battle, all you need to do is contact a knowledgeable Lexington drug crimes lawyer from Oakley & Oakley, LLC.

How Can A Lexington Criminal Defense Attorney Help You Fight Drug Charges?

drug charges

Hiring a Lexington criminal defense attorney from Oakley & Oakley, LLC, is a sensible step to take when facing drug charges in the state of Kentucky. A brief list of some of the many ways our legal team can work to defend you against the allegations of the prosecution would include:

  • Thoroughly investigating the events that led to your arrest
  • Consulting with relevant experts about the nuances of your case
  • Providing you with straightforward answers to your questions
  • Walking you through the inner-workings the Kentucky legal system
  • Devising an effective defense strategy for your drug crime case
  • Completing and filing legal documents with the court for you
  • Fighting tirelessly to try to secure a reasonable bond for you
  • Protecting your constitutional rights
  • Searching for evidence that may persuade a jury to acquit you
  • Providing you with sound legal advice at every stage of your case
  • Work out a plea bargain agreement with the state’s prosecutor
  • Arguing on your behalf in criminal court, if necessary

Would you like a skilled drug crimes attorney from our law firm to help you battle back against the accusations of the state of Kentucky? Then please reach out to set up a free initial consultation at our Lexington law office as soon as possible. We have many years of experience in the legal field, and we are more than ready to fight for you.

Understanding Kentucky’s Drug Laws

Like every other state in the Union, Kentucky regulates the transportation, sale, possession, and production of controlled drugs within its borders. It does so through statutes such as:

Possession of Controlled Substances in the First Degree 

Section 218A.1415 of the Kentucky Revised Statutes states that it is illegal for a person to possess:

  • A Schedule I or II narcotic drug
  • Methamphetamine
  • Lysergic acid diethylamide
  • Phencyclidine
  • Gamma hydroxybutyric acid (GHB), or
  • Flunitrazepam

People who violate this statute are guilty of the possession of a controlled substance in the first degree – a Class D felony.

Possession of Controlled Substances in the Second Degree 

Section 218A.1416 of the Kentucky Revised Statutes states that it is illegal for a person to possess:

  • A Schedule I or II non-narcotic drug, or
  • A Schedule III controlled substance, except marijuana

When Kentucky police officers catch someone violating this law, they can charge them with the possession of controlled substances in the second degree. This offense is a Class A misdemeanor.

Possession of Controlled Substances in the Third Degree

Section 218A.1417 of the Kentucky Revised Statutes states that it is illegal for a person to possess:

  • A Schedule IV controlled substance, or
  • A Schedule V controlled substance

Individuals who violate this law are guilty of the possession of controlled substances in the third degree. This crime is a Class A misdemeanor.

Marijuana Possession

Section 218A.1422 of the Kentucky Revised Statutes states that it is illegal for a person to possess any amount of marijuana.

Those who break this Kentucky law are guilty of marijuana possession – a Class B misdemeanor.

Marijuana Cultivation

Section 218A.1423 of the Kentucky Revised Statutes states that it is illegal for a person to cultivate or harvest marijuana with the intent to sell it.

When Lexington residents violate this statute, the police may charge them with marijuana cultivation.

For individuals who cultivate fewer than five plants, this offense is a Class A misdemeanor. For people who grow five or more plants, this is a Class D felony.

Marijuana Trafficking

Section 218A.1421 of the Kentucky Revised Statutes states that it is illegal for a person to sell or distribute marijuana.

Those who violate this law are guilty of marijuana trafficking.

Trafficking less than eight ounces of marijuana in the state of Kentucky is a Class A misdemeanor.

Trafficking more than eight ounces but less than five pounds of marijuana is a Class D felony.

Trafficking more than five pounds of marijuana is a Class C felony.

Trafficking Controlled Substances in the First Degree

Section 218A.1412 of the Kentucky Revised Statutes states that it is illegal for a person to traffic:

  • Four grams or more of cocaine
  • Two grams or more of methamphetamine, or
  • Ten or more doses of a Schedule I or II narcotic drug

This statute also makes it unlawful for an individual to traffic any quantity of:

  • Heroin
  • Fentanyl
  • Carfentanil
  • Lysergic acid diethylamide
  • Phencyclidine
  • Gamma hydroxybutyric acid (GHB), or
  • Flunitrazepam

Police officers who catch people violating this law can charge them with trafficking controlled substances in the first degree.

The state of Kentucky usually classifies this offense as a Class D or Class C felony. However, courts may opt to upgrade it to a Class B felony under certain circumstances.

Trafficking Controlled Substances in the Second Degree

Section 218A.1413 of the Kentucky Revised Statutes states that it is illegal for a person to traffic:

  • Ten or more doses of a Schedule I or II non-narcotic drug, or
  • Twenty or more doses of a Schedule III controlled substance

This law also explains that it is unlawful for a person to prescribe, sell, or distribute an anabolic steroid for the purposes of:

  • Enhancing human performance in a sport or game, or
  • Altering hormones to increase muscle without medical necessity

People who violate this law are guilty of trafficking controlled substances in the second degree.

This drug trafficking offense is a Class D felony.

Trafficking Controlled Substances in the Third Degree

Section 218A.1414 of the Kentucky Revised Statutes states that it is illegal for a person to traffic:

  • Twenty or more doses of a Schedule IV controlled substance, or
  • Twenty or more doses of a Schedule V controlled substance

If a Lexington police officer catches someone violating this law, they may charge them with trafficking controlled substances in the third degree.

The state of Kentucky usually classifies this criminal offense as a Class A misdemeanor. However, courts can bump it up to a Class D felony when a person trafficks more than 120 doses of a controlled substance.

Are you currently facing felony charges for drug possession or trafficking in the state of Kentucky? If so, please reach out to the seasoned Lexington criminal defense attorneys at Oakley & Oakley, LLC, today. We offer free consultations at our offices in Lexington, and we have the legal skills required to handle your criminal case with the care and attention it deserves.

What are the Penalties for Drug Convictions in the State of Kentucky?

The state of Kentucky does not look kindly upon individuals who cultivate, traffick, or possess illegal drugs. When courts find people guilty of crimes of this nature, they almost always place them behind bars and hand them a sizable fine.

The specific nature of an offender’s punishment depends on the felony or misdemeanor level of their crime.

  • Class B Misdemeanors: Up to 90 days in jail, as well as a fine of up to $250
  • Class A Misdemeanors: Up to one year in jail, as well as a fine of up to $500
  • Class D Felonies: Up to five years in prison, as well as a fine of up to $10,000 
  • Class C Felonies: Up to ten years in prison, as well as a fine of up to $10,000
  • Class B Felonies: Up to 20 years in prison, as well as a fine of up to $10,000

Do you need a skilled criminal defense attorney to help you fight to avoid the negative consequences of a drug conviction? Then please call Oakley & Oakley, LLC, as soon as possible. Our team has been helping the people of Lexington with their legal issues for years, and we are more than ready to do the same for you.

How can you Defend Yourself Against Kentucky Drug Crime Charges?

Drug charges do not have to become drug convictions. Lexingtonians can frequently get their cases dismissed or their charges thrown out by:

  • Claiming that the police did not have a valid search warrant
  • Arguing that the state did not meet their evidentiary burden
  • Proving that their prescription drugs are medically necessary
  • Showing that the substance in question is not illegal
  • Claiming that they do not own the drugs in question

Would you like to have one of our skilled attorneys help you put together an effective defense for your drug possession case? Then please do not hesitate to reach out to set up a meeting at our Lexington law offices as soon as possible.

Your Experienced Lexington Drug Crimes Lawyer

When you need an experienced drug crimes attorney in Lexington to help you battle back against the accusations of the state of Kentucky, you can rely on Oakley & Oakley, LLC. Our team has the statutory knowledge and legal skills required to handle even the most complex cases.

Reach out to us at your earliest convenience to schedule a free consultation to learn more about our services. We represent clients in and around Fayette County, including Lexington, Nicholasville, Versailles, Winchester, and Richmond.