A conviction for drug possession in Iowa can profoundly and enduringly affect an individual’s life. If you are confronting any type of drug charges, the necessity of a resolute legal advocate is paramount. We encourage you to contact an experienced Des Moines Drug Crime Lawyer without delay, so that we may commence work on your case and champion your future. Please continue reading as we explore the common defenses that can be employed to fight drug possession charges in Iowa.
What Are the Penalties for IA Drug Possession Charges?
The penalties for drug possession in Iowa depend on the type of drug, the quantity, the location of the alleged possession, and how the evidence was acquired. Although recreational marijuana possession has been legalized in many parts of the country, this is not yet the case in Iowa. The penalties for marijuana possession are as follows:
- First Offense (any amount): This is a misdemeanor offense, punishable by up to six months of incarceration and a potential fine of $1,000.
- Second Offense (any amount, provided the prior offense was solely for possession of marijuana): This is a misdemeanor offense, punishable by up to one year of incarceration and a potential fine of $1,875.
- Third-Offense (any amount, provided the prior offenses were solely for possession of marijuana): This is a misdemeanor offense, punishable by up to two years of incarceration and a potential fine of up to $6,250.
For controlled substances like cocaine, heroin, PCP, or methamphetamine, you will face the following penalties:
- First Offense: This is a serious misdemeanor, punishable by a potential fine of up to $2,560 and potential jail time.
- Second Offense: This is an aggravated misdemeanor, punishable by a fine of up to $8,540 and potential jail time.
- Third Offense: This is a Class D felony, punishable by a fine of up to $10,245 and potential jail time.
It should be noted that the penalties for the possession of a controlled substance with the intent to deliver are much harsher.
What Are Common Defenses for Drug Cases?
The defense strategy utilized in your drug case will depend heavily on the unique circumstances of your case. The prosecution must show that a defendant knowingly possessed the illicit drug and intended to possess it to secure a conviction. If your attorney can show that you were unaware of the drug’s presence, this may be a valid defense. For example, if you borrowed a friend’s vehicle and drugs are located in an inaccessible compartment, a “lack of knowledge” defense could be a viable defense.
Challenging police procedure is another common defense strategy. If you suspect your constitutional rights have been violated, your attorney can file a motion to suppress any illegally obtained evidence. This can significantly weaken the prosecution’s case. Additionally, if the police coerced an otherwise innocent individual into committing a crime they would not have otherwise committed, entrapment can be argued.
If you are facing drug possession charges, please don’t hesitate to contact a determined attorney at Herting Law, PLLC, who can help protect your future and guide you through this challenging period.
