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Benton, MO

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Last Updated: January 15, 2025

Drug crimes lawyer in Benton, MO.

When you’re facing drug crimes in Benton, MO, the stakes couldn’t be any higher. No matter if it’s a misdemeanor possession charge, a felony trafficking offense, or even a federal drug crime, the consequences can be severe and long-lasting, if not permanent—including hefty fines, lengthy prison sentences, a criminal record, as well as the accompanying personal stigma. But with an experienced Benton, MO drug crimes lawyer by your side, you don’t have to face these challenging times alone.

Don’t leave your future to chance. Call Combs Waterkotte as soon as possible at (314) 900-HELP or reach out online to schedule a free, confidential consultation. Our experienced criminal defense attorneys in Benton, MO are committed to defending your rights, protecting your freedom, and safeguarding your future.

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Charged With a Drug Crime in Benton, MO? Choose Proven Legal Expertise

We get it. Your future is on the line, and you can’t afford to test fate and roll the dice with an unproven law firm. Despite recent changes, including the partial decriminalization of marijuana, Missouri still has some of the most stringent drug laws in the country, with some of the toughest penalties. Prosecutors are relentless in pursuing convictions, but no more than we are at defending them.

The Combs Waterkotte legal team boasts more than 40 years of combined experience and has successfully handled over 10,000 cases throughout Missouri and the Benton area, including:

Drug Crimes Lawyer Benton, MO | Criminal Defense Attorneys in Benton, MO | Combs Waterkotte

Drug Crimes Lawyer in Benton, MO: How is the Severity Determined?

The severity of the penalties you could face and whether it’s a misdemeanor or felony hinges on:

A Benton, MO drug crime conviction can disrupt your life in ways beyond immediate penalties like fines or jail time. The consequences may include:

  • Harm your career and any future employment prospects.
  • Difficulty securing housing or obtaining loans.
  • Damage your reputation in your Benton, MO community.
  • Impacting your eligibility for professional licenses or certifications.

Drug Crimes Lawyer in Benton, MO: Understanding Missouri’s Drug Schedules and Penalties

Missouri’s schedule of controlled substances, categorized by the Missouri Department of Health and Senior Services under Missouri Revised Statute § 195.017, determines the severity of drug crimes and their penalties. They are:

  • Schedule I: Drugs with no accepted medical use and a high potential for abuse, such as heroin, LSD, MDMA, hallucinogenic mushrooms, and other hallucinogens. These carry the harshest penalties.
  • Schedule II: Substances like cocaine, methamphetamine, fentanyl, oxycodone, and morphine, which have recognized medical uses but are tightly regulated due to their high potential for abuse.
  • Schedule III drugs can lead to moderate or low physical dependence or high psychological dependence, and have a currently accepted medical treatment, including weight loss drugs, stimulants, antidepressants, and anabolic steroids.
  • Schedule IV and Schedule V drugs include numerous prescription drugs, such as Xanax, Valium, Tramadol, Robitussin AC, Motofen, and Lyrica.

Penalties for Possession

Possession of any controlled substance in Benton, MO, apart from marijuana or synthetic cannabinoids, is a class D felony in Missouri, which can result in up to 7 years in prison. For marijuana or synthetic cannabinoids, possessing between 10 and 35 grams is classified as class A misdemeanor, punishable by up to 1 year in jail. If the amount exceeds 35g, the charge is a class D felony.

Penalties for Sale or Delivery

Delivery of a controlled substance is a class C felony, punishable by 3-10 years in prison, unless you deliver to a:

  • Protected Location: You face a class A felony—10 to 30 years or life in prison—if you knowingly distribute, sell, or deliver within 2,000 feet of a school or 1,000 feet of a park.
  • Minor: You face a class B felony if the recipient is younger than 17 and at least 2 years younger than you or you knowingly permit a minor to purchase or transport illegally obtained controlled substances.

Penalties for Trafficking

Drug trafficking in Benton, MO is categorized into two degrees with penalties based on type and quantity of the substance:

  • First-Degree Drug Trafficking is a class B felony with a sentence of 5-15 years when involving:
    • Over 10 milligrams of fentanyl
    • Over 30 grams of heroin
    • More than 8g of cocaine
    • More than 30g of methamphetamine

    This offense becomes a class A felony when the amount increases to:

    • 20mg or more of fentanyl
    • 90g or more of heroin
    • 24g or more of cocaine
    • 90g or more of methamphetamine
  • Second-degree trafficking is a class C felony when the drugs involve:
    • More than 10mg of fentanyl
    • More than 30g of heroin
    • Over 30 kilograms of marijuana
    • More than 30g of methamphetamine

    When quantities exceed the thresholds below, the charges is elevated to a class B felony:

    • 90g or more of heroin
    • 24g or more of cocaine
    • 100kg or more of marijuana
    • More than 500 marijuana plants
    • 20mg or more of fentanyl

    Drug Crimes Lawyer Benton, MO | Criminal Defense in Benton, MO | Combs Waterkotte

    Drug Crimes Lawyer in Benton, MO: Building a Strong Defense for Your Case

    Time is critical. Contact an experienced drug crimes lawyer at Combs Waterkotte right away by calling Benton, MO or reaching out online to discuss the specifics of your case.

    Drug crime penalties in Benton, MO are severe, but we know how to scrutinize every detail of your case to uncover weaknesses in the prosecution’s arguments. While every case is different, here’s how our drug crimes attorneys can help build a strategic defense:

    Fighting Unreasonable Search and Seizure

    The Fourth Amendment safeguards against illegal searches and seizures. If law enforcement obtained evidence without probable cause or a valid warrant, your attorney might argue to suppress that evidence, weakening the prosecution’s case and possibly getting your charges minimized or dismissed.

    Disputing Possession

    Possession charges require sufficient evidence of possession of the drugs. If the drugs were found in a shared space or if ownership is unclear, we can argue that you were not in possession. There are two types of possession:

    1. Actual Possession: Direct physical possession, such as having the drugs on your person or in an item under your control.
    2. Constructive Possession: While you may not have actual physical possession of a drug, you might have knowledge of and control of where the drugs are located, along with both the power and intention of physically possessing the drug at some time in the future.

    Arguing Lack of Knowledge

    The state must prove that you knowingly possessed or distributed the drugs. If there’s no evidence you were aware of the drugs—such as if they were planted or unknowingly left in your home or vehicle—our team can argue that you lacked the required knowledge to establish possession or distribution.

    Errors in Evidence Handling

    The chain of custody for evidence must remain intact to ensure its validity in court. Any lapses, such as mishandling during collection or improper storage, may render the evidence inadmissible. This defense is particularly relevant in Benton, MO drug crimes and DWI/DUI cases.

    Weak or Inconclusive Evidence

    To secure a conviction in Benton, MO, the prosecution must demonstrate your guilt guilt beyond a reasonable doubt. If the evidence fails to definitively connect you to the crime or relies on speculation, your lawyer can challenge its adequacy.

    Claiming Duress or Coercion

    If you committed a drug crime in Benton, MO because you were under a credible threat of harm, your lawyer might argue duress as a defense. Similarly, if coercion led to your actions under immediate physical threat, this can challenge your accountability for the crime.

    Drug Crimes Lawyer in Benton, MO: Building Your Robust Defense With Combs Waterkotte

    At Combs Waterkotte, we leverage our decades of experience, a vast professional network, and unmatched knowledge of Missouri’s drug laws to mount an aggressive defense for you in Benton, MO. Here’s how we work to secure the best possible outcome in Benton, MO:

    • Thorough Investigation:
      Our Benton, MO attorneys meticulously review every detail, from police reports to witness statements, to identify inconsistencies or oversights that could weaken the prosecution’s case.
    • Evidence Assessment:
      Was proper procedure followed during your Benton, MO arrest and investigation? We’ll challenge any unlawfully obtained evidence to make sure your rights are protected.
    • Negotiation with Prosecutors:
      Sometimes the best resolution comes through negotiation in Benton, MO. We fight for reduced charges, fair plea bargains, or alternatives like drug treatment programs, always keeping your future in mind However, you always get to make the final decision.

    Drug Crimes Lawyer | Benton, MO Criminal Defense Attorneys | Combs Waterkotte

    Drug Crimes Lawyer in Benton, MO: Why Hire Combs Waterkotte?

    At Combs Waterkotte, our attorneys pride themselves on a results-driven approach and client-focused service in Benton, MO. When you hire us, you’ll get:

    • Proven Expertise: Our legal team has a proven track record of success in defending Benton, MO drug crimes.
    • Consistent Updates: Transparency is key—we make sure you’re never left wondering about your Benton, MO case’s progress.
    • Personalized Attention: We understand that every Benton, MO case is unique and build strategies specific to your needs and circumstances.

    If hire Combs Waterkotte for defense of drug crimes in the Benton, MO area, you’re not just choosing the ideal drug crimes lawyer in and around Benton, MO – you’re securing your rights, your freedom, and your future. In addition to expert defense from our experienced drug crimes attorneys, our staff is available 24/7 and provides expertise in the following areas for residents in Benton and beyond:

    Facing a Drug Crime in Benton, MO? Reach Out To Combs Waterkotte Today

    A drug charge in Benton, MO doesn’t have to define your future, but swift action is essential. With skilled legal counsel, you can fight to reduce or eliminate the charges against you. The experienced Combs Waterkotte Benton, MO drug crimes lawyers are ready to stand by your side and protect your rights. Don’t wait—your future depends on it.

    Call Combs Waterkotte now at (314) 900-HELP or reach out online to schedule your free case review with one of our devoted Benton, MO drug crimes lawyers.

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