What is the Difference Between a Misdemeanor and Felony Drug Charge in Seattle?

What is the Difference Between a Misdemeanor and Felony Drug Charge in Seattle?

If you have been arrested for a drug-related crime in Seattle, one of the first things you’ll want to know is whether you’re facing a misdemeanor or a felony charge. The difference is huge — a misdemeanor conviction typically results in probation or less than a year in jail, while a felony conviction can lead to years in prison. Here’s an overview of how drug charges are classified in Seattle and the penalties you may face.

Misdemeanor Drug Charges

A misdemeanor drug charge is less serious than a felony. Some examples of misdemeanor drug crimes in Seattle include:

• Possession of small amounts of drugs like marijuana, cocaine, heroin, methamphetamine, ecstasy, LSD, prescription medications, etc. for personal use
• Being under the influence of illegal drugs or abusing prescription medications
• Possession of drug paraphernalia like pipes, bongs, etc.
• Driving under the influence of drugs (DUI)

Penalties for misdemeanor drug convictions may include:

• Up to 90 days in jail
• Up to a $1,000 fine
• Probation
• Drug counseling or treatment
• Community service
• Driver’s license suspension (for DUIs)

Under Washington law, possession of 40 grams or less of marijuana is a misdemeanor. Possession of drug paraphernalia and being under the influence of illegal drugs are also misdemeanors. Penalties vary depending on your criminal history and the exact circumstances of the offense.

Felony Drug Charges

Felony drug charges are much more serious and carry stiffer penalties like prison time. Some examples of felony drug crimes in Seattle include:

• Possession of large quantities of illegal drugs that suggest intent to distribute or sell
• Selling, distributing, or trafficking illegal drugs like cocaine, heroin, meth, etc.
• Possessing marijuana in excess of 40 grams
• Cultivating large numbers of marijuana plants
• Possession of drugs in a school zone
• Possession of drugs while in possession of a firearm
• Leading an organized drug trafficking operation

Penalties for felony drug convictions may include:

• Over a year in prison
• Large fines up to $50,000
• Mandatory minimum sentences
• Drug counseling, treatment, or rehabilitation

The threshold amounts of drugs and the associated penalties vary under Washington’s Uniform Controlled Substances Act. Generally though, possession of larger quantities of drugs or possession with intent to manufacture, deliver, or sell leads to felony charges.

Differences in State vs. Federal Charges

In Seattle, you may face either Washington state drug charges or federal drug charges, depending on the circumstances. Some key differences include:

• Federal charges often kick in for interstate trafficking, large quantities of drugs, offenses on federal land, etc. State charges apply to possession, sales, and trafficking within Washington.
• Federal drug sentences are often longer than state sentences. Even a first offense can lead to years in federal prison.
• Federal charges can result in massive fines up to $10 million for major traffickers.
• Unlike Washington, federal law still prohibits marijuana possession and sales.

To determine whether you face state or federal charges, your criminal defense attorney will look at factors like:

• Where the offense occurred
• The quantity of drugs involved
• Whether weapons were involved
• Your criminal history
• Evidence of trafficking or sales across state lines

Penalties for Repeat Drug Offenders

Under Washington’s drug laws, penalties increase sharply for second and third drug offenses. A second misdemeanor drug conviction can lead to up to 90 days in jail. A third will be charged as a felony with up to 5 years in prison and a $10,000 fine.

Penalties are even stiffer in federal court. Under laws like the Controlled Substances Act, a second federal drug conviction can double the sentence. A third conviction can triple the sentence and also result in mandatory life imprisonment.

Aggravating Factors That Increase Penalties

In both state and federal court, a number of aggravating factors can quickly turn a misdemeanor drug charge into a felony. These include:

• Prior drug convictions
• Possession of larger quantities of drugs
• Possession near a school, park, bus stop, or other protected area
• Possession while armed with a deadly weapon
• Evidence you intended to manufacture, deliver, or sell the drugs
• Involving a minor in the offense in any way

Defenses That May Reduce Charges

In some cases, an experienced criminal defense attorney may be able to get drug charges reduced or dismissed. Possible defenses include:

• Illegal search and seizure – If the police lacked probable cause for the search or violated your rights, evidence may be suppressed
• Entrapment – You were unfairly induced or coerced into committing the offense
• Misidentification – The drugs actually belonged to someone else
• Lack of knowledge – You did not know the drugs were in your possession

An attorney can also often negotiate with the prosecutor for reduced charges or sentencing leniency, especially for first-time offenders.

Should You Accept a Plea Bargain?

Over 90% of criminal cases end in a plea bargain rather than going to trial. The prosecutor will often offer a lighter sentence in exchange for a guilty plea. While a plea deal may be tempting, it carries long-term consequences. Accepting a felony plea means you will have a felony record for life. The consequences of this can include:

• Difficulty finding employment and housing
• Loss of voting rights
• Ineligibility for government benefits
• Higher sentences for future offenses
• Immigration consequences if not a U.S. citizen

An experienced attorney can advise you whether accepting a plea is in your best interests or whether you have a chance of beating the charges at trial.

How a Seattle Drug Crime Lawyer Can Help

The penalties for misdemeanor and felony drug charges are severe in Washington. An experienced Seattle drug crimes attorney can guide you through the complex criminal justice system and build the strongest defense for your unique case. This includes:

• Conducting a thorough investigation of your arrest
• Identifying improper police conduct or other constitutional violations
• Assessing if you were illegally profiled or targeted
• Seeking to get evidence suppressed or charges dismissed if warranted
• Negotiating with the prosecutor for reduced charges or sentencing leniency
• Advising you if a plea bargain is in your best interests
• Taking your case to trial if you have strong defenses
• Helping minimize the long-term consequences of a conviction

Every drug case is unique. The best way to understand your options and build effective defenses is to consult with an attorney as soon as possible after your arrest. Most offer free case evaluations so you can make informed decisions going forward.