If you’re facing drug delivery charges, you likely feel overwhelmed and stressed by the road ahead of you. For now, the only thing you can do is focus on your defense. An experienced criminal defense attorney will help you understand how to beat a drug delivery charge in Colorado and craft a strong defense based on the circumstances of your case.

Understanding Your Charges

Your defense attorney will help you understand exactly what you were charged with and the potential consequences you might face.

Drug distribution involves transferring or selling controlled substances, like drugs or prescription medications, without the proper permission to do so. Controlled substances are classified into different schedules based on their potential for abuse.

Schedule I is the highest classification, encompassing substances such as heroin and hallucinogens. Meanwhile, Schedule V includes drugs like cough syrup or antidiarrheal preparations with low doses of opioids.

Colorado recognizes several different drug charges:

Possession: Carrying or having controlled substances on your person or in your place of residence
Trafficking: Distributing, selling, or transporting controlled substances
Prescription fraud: Illicitly acquiring or distributing prescription medications

Drug trafficking or delivery is a serious offense in Colorado, going a step beyond possession in terms of severity. Your exact charges depend on the substance/schedule you were allegedly distributing, your intent to deliver it, and the method of distribution. Charges can range from low-level offenses to felony charges based on these factors.

Under C.R.S. 18-18-405, distribution is graded by the schedule and the amount involved, from a level 4 drug felony up to a level 1 drug felony (distributing a schedule V substance is a level 1 drug misdemeanor). The presumptive prison ranges under C.R.S. 18-1.3-401.5 are:

Level 1 drug felony: 8 to 32 years
Level 2 drug felony: 4 to 8 years
Level 3 drug felony: 2 to 4 years
Level 4 drug felony: 6 months to 1 year

Each level also carries a period of mandatory parole and possible fines, and the ranges can go higher when aggravating circumstances apply. A level 1 drug felony, such as distributing more than 225 grams of a schedule I or II substance or more than 50 grams of fentanyl, or an adult selling a schedule I or II substance to a minor at least two years younger, carries a mandatory prison sentence of at least eight years. For the lower levels, prison is not automatic, and a sentence to probation may be possible depending on the case and your record.

Colorado Drug Delivery/Trafficking Defenses To Consider

Remember that you are innocent until proven guilty. Your defense attorney will walk you through how to beat a drug delivery charge in Colorado, which may include requesting your delivery charges be dismissed or using one of these legal defenses against drug charges:

Unlawful search and seizure: Perhaps the officer did not have probable cause to search your person or conducted the search in an unlawful way. You may be able to request that the evidence they found during the search be removed from your case.
Challenging possession or ownership: Maybe the controlled substances the officer found during their search were not actually yours, or you do not know where they came from. Your attorney can help you challenge the assumption of ownership and intent to distribute.
Arguing drug possession vs. intent to distribute: If you want to attempt to reduce your charges from distribution to possession, your attorney can challenge your intent to distribute. Maybe you had the controlled substance on your person but were not intending to sell or distribute it.

Other Tips To Improve Your Case Outcomes

The steps you take between now and your trial date can also help you beat a drug delivery charge in Colorado. Consider these tips to improve your case outcomes:

Hire an experienced criminal defense attorney to represent you throughout the legal process
Follow all conditions of your bond
Attend all court dates
Be respectful in court and pay attention
Be honest with your attorney and heed their advice
Consider negotiating a plea deal if the evidence is stacked against you

Let Us Help You Beat Your Drug Delivery Charges in Colorado

Our attorneys at Grant & Associates Law Firm understand how overwhelming it might feel to face criminal charges. Trust our criminal defense attorneys to do everything we can to help you beat your drug delivery charges in Colorado.

Call us today at 970-356-5666 or fill out our online form to schedule a consultation.