Proven Track Record for Successfully Fighting Drug Possession Charges
Drug charges of any kind are serious in many states, especially Tennessee. While some states are more lenient on certain drug possession crimes involving substances like marijuana, others punish defendants to the fullest extent permitted by the law. Tennessee is the latter.
Drug possession accusations can derail your livelihood in various ways. You may lose your job, housing, firearm rights, scholarships, and freedom before even going to court. The power of a criminal charge can be equivalent to that of a conviction; you should hire an experienced Knoxville drug possession defense lawyer who knows what it takes to come out on top.
When you are investigated or arrested for a drug offense in Knox County, you are suddenly forced into a legal system that can feel overwhelming and stacked against you. A drug possession attorney can help you understand the charges, possible penalties, and the steps between your first court appearance in Knox County General Sessions Court and any potential resolution. By having a legal team that knows the local prosecutors and procedures in Knoxville, you gain an advocate who can look for weaknesses in the state's case and seek outcomes that protect your record, employment, and family life.
A first-time drug possession conviction can result in a Class A misdemeanor punishable by up to 1 year in jail and/or a $2,500 fine. This penalty applies to the following charges:
Simple possession
Casual exchange
Casual exchange involving less than 1 gram of a controlled substance analog
Possessing substances designed to falsify drug tests
Methcathinone possession
Possessing glue, paint, gas, etc., used for unlawful purposes
Depending on your criminal history, the nature of your alleged offense, and the type of drugs involved, you could face increased criminal charges.
If you have two or more convictions for simple possession or casual exchange, you may face a Class E felony punishable by up to 2 years in prison and/or up to $50,000 in fines
Possession of salvia divinorum is a Class D felony punishable by 2 to 4 years in jail and/or up to $50,000 in fines.
A subsequent violation is a Class C felony punishable by 3 to 6 years in jail and/or up to $100,000 in fines.
Regardless of the severity of your drug possession charges and criminal history, a judge may sentence you to additional legal punishments at their discretion, such as drug offender school, rehab, and community service.
In addition to jail time and fines, a drug possession attorney Knoxville defendants trust will also look at the hidden consequences of a conviction, such as driver's license issues, problems with professional licenses, or immigration concerns. Certain controlled substance offenses under Tennessee law can affect eligibility for diversion programs or probation, and your options may differ depending on whether your case is in Knox County Criminal Court, federal court, or another East Tennessee county. By carefully reviewing the facts, prior record, and available treatment resources, your lawyer can help you evaluate whether to pursue negotiation, a motion challenging the evidence, or a trial.
How We Build Your Drug Possession Defense
When we defend a drug case in Knoxville, we start by examining how law enforcement came into contact with you and how they claim to have found the substance. We review police reports, body camera footage, and lab results to see whether officers respected your constitutional rights during a traffic stop, a search of your home, or an encounter near the University of Tennessee campus. By identifying issues such as an illegal stop, a bad warrant, or problems with the testing of the alleged drugs, we can look for ways to exclude evidence and strengthen your position in court.
We also take time to understand your goals, your background, and any treatment needs so we can tailor a strategy that makes sense for you and your family. A drug possession lawyer Knoxville residents rely on will often negotiate with the Knox County District Attorney's Office to explore options like reduced charges, diversion, or alternative sentencing when appropriate while still preparing the case as if it may go to trial. Throughout this process, we keep you informed about court dates, possible outcomes in local courts, and what each decision could mean for your record, employment, and future opportunities.
Drug Schedules
To better understand what your drug possession charges mean, it helps to review the federal drug schedules that consist of five distinct categories based on the drugs’ accepted medical use and potential for dependency or abuse.
Schedule I: Drugs with no currently accepted medical use and a high potential for abuse. Some examples include heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), ecstasy, methaqualone, and peyote.
Schedule II: Drugs with a high potential for abuse, with use potentially leading to severe psychological or physical dependence. These drugs are also considered dangerous. Some examples include combination products with less than 15 milligrams of hydrocodone per dosage unit (Vicodin), cocaine, methamphetamine, oxycodone (OxyContin), fentanyl, Dexedrine, Adderall, and Ritalin.
Schedule III: Drugs with a moderate to low potential for physical and psychological dependence, with an abuse potential that is less than Schedule I and Schedule II drugs but more than Schedule IV. Some examples of Schedule III drugs are products containing less than 90 milligrams of codeine per dosage unit (Tylenol with codeine), ketamine, anabolic steroids, and testosterone.
Schedule IV: Drugs with a low potential for abuse and low risk of dependence. Some examples include Xanax, Soma, Darvon, Darvocet, Valium, Ativan, Talwin, Ambien, and Tramadol.
Schedule V: Drugs with a lower potential for abuse than Schedule IV and that consist of preparations containing limited quantities of certain narcotics. Some examples include cough preparations with less than 200 milligrams of codeine per 100 milliliters (Robitussin AC), Lomotil, Motofen, Lyrica, and Parepectolin.
Defend Your Drug Possession Charges in Knoxville Today!
There is no better time to get started on fighting your Knoxville drug possession charges than right now. The clock is ticking, and prosecutors are wasting no time in working to put you behind bars. Our Knoxville drug possession defense will waste no time building a high-caliber, compelling defense as a result. When you meet with a drug possession lawyer for an initial consultation, you can expect to review the traffic stop, search warrant, or investigation that led to your arrest, as well as any prior history that could affect how the case is handled. We often examine whether officers followed constitutional rules on Interstate 40, in downtown Knoxville, or in surrounding communities and whether the prosecution can prove you actually possessed the substance in question. With that information, we can discuss realistic goals, possible plea negotiations in Knox County courts, and whether any treatment or alternative sentencing options may be available under Tennessee law.
“Mr. Fanduzz is committed to nothing but the BEST outcome for his clients.”
Nearly two years ago, I was charged with DUI and Speeding. Due to my occupation, a conviction could be detrimental to my career. I contacted Mr. Fanduzz and he was able to have my case placed on Judicial Diversion, which required me to serve only one year supervised probation (reduced from two years) and court cost. I retained my drivers license and did not have to purchase expensive car insurance.
Unfortunately, while on probation, I was charged with two counts of assault and aggravated assault. Along with these new charges, I also faced violation of my probation and the original DUI. All charges were considered Felonies at this point. There was no hesitation in hiring him to represent me again. Mr. Fanduzz not only kept me well informed, he also skillfully and agressively argued on my behalf. He arranged for my probation and judicial diversion to be reinstated and the felony assault charges to be dismissed in exchange for a plea to a misdemeanor offence.
Needless to say, I highly recommend Mr. Fanduzz because of his attention to detail and commitment to have the BEST possible outcome for his clients.
NACDL
