Facing charges for aggravated possession of drugs in Colorado may feel overwhelmingly stressful. However, thoroughly understanding your charges and potential penalties is an important step in adequately defending them.

“Aggravated” drug charges are more severe than standard ones. You may face harsher penalties than you would otherwise, and you will need a strong defense to resist these charges.

What Does “Aggravated” Mean in Criminal Charges?

The “aggravated” qualifier for criminal charges in Colorado indicates that the crime is more serious than normal due to certain circumstances, allowing for harsher punishments. For example, a person who commits robbery with a deadly weapon might be charged with “aggravated robbery,” compared to basic robbery charges that do not include the use of a weapon. A person who seriously injures another might be charged with “aggravated assault.”

Colorado’s Aggravated Possession of Drugs Charge Explained

To understand aggravated possession of drugs in Colorado, you need to understand the base possession charge, along with what would elevate it to the “aggravated” status.

Unlawful possession of drugs indicates that law enforcement found you with a controlled substance without the proper prescription or authorization. The law defines three types of possession:

Actual possession, meaning you were physically touching the substance
Constructive possession, meaning you had control over the drug but were not touching it
Joint possession, meaning you and at least one other person shared control of the drug

Possession of drugs charges range from Level 1 misdemeanors to Level 4 felonies, depending on the drug schedule and the amount of the substance you were carrying. For example, carrying more than four grams of Schedule I or II drugs would lead to felony charges.

Possession differs from intent to distribute, which may come with stricter penalties.

A base drug possession charge may be elevated to “aggravated” status if:

You were on parole for another felony.
You were an escaped prisoner for another felony.
You were jailed as a convicted felon.
You were on probation or bond.

The court may also elevate a felony charge for any other reasons at its discretion.

What Is the Potential Penalty for an Aggravated Possession of Drugs Charge?

The penalties for aggravated drug possession charges are more severe than for base criminal possession. If you were convicted of aggravated charges, the sentencing guidelines would essentially be doubled.

For example, a Level 4 drug possession felony usually comes with a prison sentence of between six months and one year. For aggravated charges, that sentence would be doubled to one to two years.

Potential Defenses Against Aggravated Drug Possession Charges

Your criminal defense attorney may help you prove that your charges should remain at the base level rather than the “aggravated” level. Or they may focus on proving that the drug possession charges were unwarranted in general.

Possible defenses against possession charges may include:

You had a prescription for the drug.
The substance did not belong to you, and you did not have control over it.
You did not know the controlled substance was on your person.
An officer entrapped you.
Someone falsely accused you.
You did not know the substance was a controlled substance.

If the court elevated your charges at its discretion and you did not meet one of the criteria above, your attorney can help you counter this decision as well.

Let Our Attorneys Build a Strong Defense

Are you facing aggravated drug possession charges in Colorado? You need a seasoned attorney to help you build a strong defense and resist the harsh penalties that come with the “aggravated” status — and we can help.

At Grant & Associates Law Firm, we have extensive experience defending possession charges. Contact us today at 970-356-5666 or fill out our contact form to schedule a consultation.