Colorado Springs Heroin Charges Defense Attorneys
Colorado is waging a war on drugs, and heroine is one of the most heavily prosecuted drug crimes in the state. Heroin is a derivative of the opium poppy, and although some in its category (morphine, etc) have medicinal purposes, heroin is illegal on every level. It is usually found in powder form, and any form of possession, manufacturing, or distribution of it is highly illegal.
There are a variety of different charges:
- Simple possession: If you “knowingly” have heroin on your possession, then you will be charged. In some cases, if you weren’t aware, there may be an escape route for lack of knowledge.
- Constructive possession: If you have legal control, not necessarily physical control, of heroin, you may face constructive charges. Again, if you were “knowingly” trying to control the drug and its movement, it would fall in this category. However, prosecution has to prove both power and intent to control the drug.
Colorado breaks down drugs into groups (also known as ‘schedules’) based on their potency and dependency. The schedules are as follows:
Schedule 1: These drugs have a high risk of dependency and there is no acceptable use, including medicinally. The main schedule 1 drug is heroine.
Schedule 2: Opium and Cocaine are the most popular schedule 2 drugs, and while they still run a high risk of dependency, there are some medical use allowances.
Schedule 3: With a moderate risk of addiction, Codeine and Steroids fall into a schedule 3 category.
Schedule 4: These substances are widely accepted for medical use and range from clonazepam to sedatives.
Schedule 5: With almost no potential for abuse, over the counter medications make up the majority of this category.
Because it’s an opiate, heroin is a Schedule 2 drug. Possession of it is both a federal and state offense so it’s likely to have the whole book thrown at you during sentencing. Whether simple or constructive possession, common defenses include lack of knowledge and lack of power and intent to control.
Any type of heroin charge is serious and you need an attorney who has a proven record of success in handling such cases. Let us help you. Contact us today at 719-227-0230.