If you are facing charges related to drug crimes, it’s normal to feel confused and anxious about what to do next. The legal system can be overwhelming, and the stakes are high. Whether you are dealing with drug possession or trafficking charges, you may be unsure about the differences between the two. At Best & Brock, we understand the pressure and fear you are going through, and we are here to guide you every step of the way. Our team is committed to providing you with the support and understanding you need to get the best possible outcome for your case.
Understanding Drug Possession in Tennessee
Drug possession charges in Tennessee are among the most common drug-related offenses. Possession refers to having illegal drugs in your custody or control. You can face charges for possessing drugs for personal use, even if you don’t intend to sell or distribute them. In Tennessee, the type of drug, the amount in your possession, and whether it is for personal use or distribution, all play a role in determining the severity of the charge.
Tennessee law classifies drugs into different categories, or “schedules,” depending on their potential for abuse and medical use. The most commonly charged drugs include marijuana, cocaine, methamphetamine, and prescription drugs that are illegally obtained. Possessing any of these substances without a valid prescription or authorization can result in serious criminal charges.
In general, the punishment for drug possession varies based on the drug and the amount found in your possession. A simple possession charge for a small amount of marijuana may result in a misdemeanor conviction, while possessing larger quantities or more dangerous substances can lead to felony charges. Even if the amount of drugs in your possession is relatively small, you could still face significant penalties, including fines, probation, or jail time.
What Is Drug Trafficking in Tennessee?
Drug trafficking is a much more serious offense than drug possession in Tennessee. Trafficking refers to the illegal distribution, sale, or transportation of drugs. If you are caught selling or moving large amounts of drugs, you can face trafficking charges, which carry much harsher penalties than possession charges.
To be charged with drug trafficking, law enforcement typically needs to prove that you were involved in the transportation or sale of drugs, and that the quantity of drugs you were handling was substantial enough to indicate that you were not simply holding them for personal use. For example, possession of just a small amount of a controlled substance may lead to a possession charge, but having a large quantity of the same substance might lead to trafficking charges.
The key difference between possession and trafficking lies in the amount and the intent behind having the drugs. Law enforcement and prosecutors will often look for evidence such as scales, packaging materials, large amounts of cash, or multiple drug transactions to prove that a person was trafficking drugs. If convicted of trafficking, you could face lengthy prison sentences and significant fines, often much greater than those for possession charges.
The Legal Penalties for Possession vs Trafficking
The penalties for drug possession and trafficking vary widely in Tennessee, and understanding these differences is crucial to understanding the severity of the situation you may be facing. If convicted of drug possession, the consequences depend on several factors, such as the type and amount of the drug, whether you have prior convictions, and whether the crime was classified as a misdemeanor or felony. For example, a first offense of simple marijuana possession could result in a misdemeanor charge, while possession of a more dangerous drug, such as heroin or methamphetamine, could lead to a felony conviction and significant prison time.
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In contrast, drug trafficking charges are almost always classified as felonies. The more drugs involved, the more severe the punishment. If you are caught trafficking a significant amount of a controlled substance, you could be facing decades in prison, steep fines, and a permanent criminal record. The legal system treats trafficking as a serious offense due to its association with drug distribution networks and its potential impact on communities.
Factors That Could Influence Your Case
The specific facts surrounding your case will influence how the law applies to you. For drug possession, factors such as the location where the drugs were found, your history with law enforcement, and any evidence of criminal intent will affect the charges you face. For instance, if drugs are found in your home and you have no prior criminal record, the charge might be less severe compared to someone caught with drugs in a public place or with a history of drug-related offenses.
When it comes to drug trafficking, the amount of drugs found, the intent to distribute, and any connections to drug networks will be closely examined. Even if you weren’t directly selling or transporting the drugs, being caught with large quantities of drugs in your possession could still lead to trafficking charges. Law enforcement may also look at communications or interactions that suggest you were planning to distribute the drugs. If they find evidence linking you to organized drug trafficking activities, your case could be much more serious.
Defenses for Drug Possession and Trafficking Charges
If you’ve been arrested for drug possession or trafficking in Tennessee, there are potential defenses that could lead to a more favorable outcome. For possession charges, a common defense is that the drugs weren’t yours, or that you didn’t knowingly possess them. For example, if drugs were found in a vehicle you were driving but you can prove they belonged to someone else, that may help your case. Another defense could involve challenging the legality of the search that led to the drug discovery.
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For trafficking charges, one defense may be that you were not involved in drug distribution, but were merely in possession of the drugs for personal use. In some cases, an experienced defense attorney may be able to challenge the evidence or question the credibility of the police’s findings. A skilled attorney will carefully review all aspects of the case to determine if there were any legal mistakes made during the investigation or arrest.
How We Can Help You
Facing drug charges is a serious matter, whether it’s possession or trafficking, and it’s important to have a knowledgeable and compassionate attorney by your side. At Best & Brock, we understand the overwhelming stress that comes with being charged with a drug crime, and we are here to help guide you through this difficult time. Our team will work closely with you to understand the details of your case, explore all possible defenses, and fight for the best possible outcome. Whether you are facing possession charges or more severe trafficking charges, we will stand by you and provide the support you need.
Don’t face drug charges alone. Let Best & Brock help you navigate the legal process and give you the best chance for a successful outcome. Contact us today to discuss your case and begin building a strong defense.