Drug crimes lawyer in O’Fallon, MO. Facing charges from drug crimes in O’Fallon, MO is a serious matter that can alter the course of your life. Whether you’re dealing with a misdemeanor possession charge, a felony trafficking offense, or a federal drug crime, the consequences are steep: substantial fines, years or even life behind bars, a criminal record, and a tarnished reputation. However, with the right O’Fallon, MO drug crimes lawyer, you can take control of your situation and fight back.
If you’re facing a drug crime, call Combs Waterkotte immediately at (314) 900-HELP or reach out online to schedule a free, confidential consultation with an expert criminal defense attorney in O’Fallon, MO. Our team of skilled drug crimes lawyers is dedicated to fighting aggressively to protect your rights, your freedom, and your reputation
Facing Charges from Drug Crimes in O’Fallon, 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 has more than 40 years of experience and has successfully handled over 10,000 cases in the following fields and more throughout Missouri and the O’Fallon, MO area:
Drug Crimes Lawyer in O’Fallon, MO: How is the Severity Determined?
In O’Fallon and across Missouri, the level of punishment for a drug crime—whether charged as a misdemeanor or felony—depends on several key aspects, such as:
- The classification of the drug (see below)
- The amount of the substance in question
- Presence of any aggravating or mitigating factors
A conviction for drug crimes in O’Fallon, MO, has consequences that go far beyond fines or prison time. These long-term effects include:
- Barriers to finding or advancing in a career.
- Make it near impossible to secure housing or loans.
- Hurting your reputation within your O’Fallon, MO community.
- Loss or denial of professional licensure opportunities.
Drug Crimes Lawyer in O’Fallon, MO: Understanding Missouri’s Drug Schedules and Penalties
The severity of drug charges in Missouri is determined by the state’s classification of controlled substances under Missouri Revised Statute § 195.017, managed by the Missouri Department of Health and Senior Services. Here’s a breakdown:
- Schedule I: These drugs, including heroin, LSD, MDMA, hallucinogenic mushrooms, and the like, have no accepted medical use and the highest potential for abuse, resulting in the most severe penalties.
- Schedule II: While substances like cocaine, methamphetamine, fentanyl, oxycodone, and morphine have limited medical uses, their high potential for abuse means they are still strictly regulated.
- 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 encompass a variety of prescription medications, such as Valium, Xanax, Tramadol, Robitussin AC, Motofen, and Lyrica.
Penalties for Possession
In O’Fallon, MO, possession of a controlled substance other than marijuana or synthetic cannabinoids is treated as a class D felony, with potential penalties of up to 7 years in prison. If you’re caught with between 10 and 35 grams of marijuana or synthetic cannabinoids, the charge is a class A misdemeanor, carrying up to 1 year in jail. Possession of more than 35g escalates to a class D felony.
Penalties for Sale or Delivery
Selling or delivering a controlled substance is classified as a class C felony in O’Fallon, MO, carrying a sentence of 3-10 years in prison. However, penalties are heightened if the sale or delivery occurs under specific circumstances:
- Near a Protected Location: Distributing, selling, or delivering drugs within 2,000 feet of a school or 1,000 feet of a park upgrades the charge to a class A felony, with penalties ranging from 10 to 30 years or life imprisonment.
- To a Minor: If the recipient is under 17 years old and at least 2 years younger than you, or if you allow a minor to purchase or transport drugs, the offense becomes a class B felony, with enhanced penalties.
Penalties for Trafficking
Missouri has two degrees of drug trafficking:
- First-Degree Drug Trafficking is a class B felony, which carries 5-15 years in prison, when the drugs involve:
- Over 10 milligrams of fentanyl
- More than 30 grams of heroin
- More than 8g of cocaine
- Over 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:
- Over 10mg of fentanyl
- More than 30g of heroin
- More than 30 kilograms of marijuana
- Over 30g of methamphetamine
For larger amounts, the offense is upgraded 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 in O’Fallon, MO: Protecting Your Rights and Future
Time is critical. Contact an experienced drug crimes lawyer at Combs Waterkotte right away by calling O’Fallon, MO or reaching out online to discuss the specifics of your case.
O’Fallon, MO’s drug laws impose harsh penalties, but with a skilled legal team on your side, there’s hope. Our drug crime lawyers in O’Fallon excel at finding vulnerabilities in the prosecution’s case. While strategies vary depending on your specific circumstances, here’s how we can build a robust defense strategy:
Fighting Unreasonable Search and Seizure
The Fourth Amendment protects your rights against unreasonable searches and seizures. If evidence was gathered without probable cause or a valid warrant, we’ll fight to have it suppressed. This can significantly weaken the case against you and may even lead to a reduction or dismissal of charges.
Challenge 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:
- Actual Possession: This means that you had actual physical possession of a drug, whether in your hand, pocket, car, etc.
- Constructive Possession: When you don’t physically possess the drugs but have knowledge of an access to their location with intent to control them.
Arguing Lack of Awareness
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.
Highlighting Breaks in Chain of Custody
For evidence to hold up in court, its handling must follow a documented and uninterrupted chain of custody. Any mistakes in how evidence is collected, transported, or stored can result in its exclusion. This is especially critical in drug crimes and DWI/DUI cases throughout the O’Fallon, MO area.
Insufficient Evidence
To secure a conviction in O’Fallon, 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 were forced to commit a drug crime under threat of harm, we may use duress as a defense to challenge your culpability. Similarly, if you faced an immediate threat of bodily harm and no alternative means, your lawyer can claim coercion occurred.
St. Charles County Resources
Below are quick links to important websites that may assist you with your legal matters in St. Charles County and Missouri.
Drug Crimes Lawyer in O’Fallon, 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 O’Fallon, MO. Here’s how we fight for you in O’Fallon, MO:
- In-Depth Case Review:
Our O’Fallon, MO attorneys meticulously review every detail, from police reports to witness statements, to identify inconsistencies or oversights that could weaken the prosecution’s case. - Scrutinizing Evidence:
Was the evidence obtained lawfully? Were your rights upheld in O’Fallon, MO? Our team carefully analyzes the details to ensure any evidence acquired improperly is excluded from court. - Proactive Negotiation:
When appropriate, we pursue resolutions outside of court by working to reduce charges, negotiate favorable plea agreements, or secure alternatives like probation or treatment programs However, you always have the final say.
Drug Crimes Lawyer in O’Fallon, MO: Why Choose Combs Waterkotte?
At Combs Waterkotte, we’re dedicated to delivering exceptional results and unmatched client care. When you work with us, you can expect:
- Proven Strategies: Our team has a strong track record of securing favorable outcomes in O’Fallon, MO drug crime cases.
- Consistent Updates: We provide regular updates and make sure you’re fully informed throughout the legal process in O’Fallon, MO.
- Focused Representation: We treat every O’Fallon, MO case with the urgency and care it deserves. You’re never on the backburner.
When choose Combs Waterkotte for defense of drug crimes in or around O’Fallon, MO, you aren’t just selecting a top-rated drug crimes lawyer in and around O’Fallon, MO – you are securing your rights, your freedom, and your future. Along with expert defense from our knowledgeable drug crimes attorneys, our legal team is available 24/7 and provides expertise in the following areas for O’Fallon, MO residents:
Charged With a Drug Crime in O’Fallon, MO? Call Combs Waterkotte Now
A drug charge in O’Fallon, 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 O’Fallon, 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 today at (314) 900-HELP or reach out online to schedule your free consultation with one of our dedicated O’Fallon, MO drug crimes lawyers.