Despite movements in individual states to decriminalize and even legalize marijuana, the War on Drugs continues to be waged. Given the aggressive stance of state and federal law enforcement, you need a legal defense team that is equally aggressive and has the skill and resources to match highly professional investigators and prosecutors. For more than 25 years, James Law Firm has protected the accused from zealous prosecution of drug offenses. Whether you are arrested for simple possession or drug trafficking, we are committed to protecting your constitutional rights and fighting for the best possible results under the facts of your case.
Arkansas mimics the federal practice of dividing drugs into categories, called schedules, based on the drug’s potency, potential for addiction, health risks and possible medical uses:
The state occasionally reclassifies drugs based on new scientific evidence. At James Law Firm, we keep up with any changes in the law that could affect our clients.
Depending on the facts of the case, a drug crime might be charged as a state or federal offense. In general, offenses involving smaller amounts of drugs are handled under state law, while high-volume offenses are often, though not always, charged under federal law. The deciding factor is often which law enforcement agency made the arrest. State and local police will charge violations of state law, while the FBI will charge violations of federal law.
Penalties are based on the schedule of drug and the amount involved, as well as the defendant’s prior record. Drug crime sentencing under state law generally runs from a Class A misdemeanor, which can result in up to one year of incarceration, to a Class Y felony, where the maximum sentence is 40 years. Federal charges fall under the federal sentencing guidelines, which tend to be more severe.
As mentioned above, Arkansas drug possession penalties are based on the type of drug and the amount of the drug. Possession of Schedule I narcotics and methamphetamine result in felony charges, even when small amounts are involved. Punishment for holding drugs within Schedules III to V might be Class A misdemeanors or felonies, depending on how much was seized.
Under Arkansas criminal law, a person engages in trafficking if he or she possesses certain amounts of particular controlled substances, leading to more severe penalties as the amounts pass certain statutory thresholds. The severity of the penalties can also increase based on the defendant’s location at the time of the alleged possession, such as a park, school, hospital or video arcade. Repeat offenders are subject to additional penalties. For each schedule of illegal drugs, Arkansas has a separate statute and different penalties for delivery and manufacture. Whether you are accused of selling or making methamphetamine, cocaine or another substance, we are committed to protecting your rights and fighting tirelessly for a positive outcome.
Since 1994, James Law Firm in Arkansas has taken an aggressive approach to drug crime defense. Contact us online or call us at (501) 375-0900 to schedule your free consultation. We are available 24/7. Parking is free at our office in Little Rock. After-hours appointments are available. Hablamos español.