Heroin Possession: Charges, Penalties and Defense

Heroin is an extremely addictive drug that is used illegally by many in the United States.  It is a synthetic form of morphine, which is derived from the seedpod of a type of poppy plant. In its purest form, heroin is a white, light pink or beige powder that is bitter to the taste.  It is the most commonly abused drug of the opiates due to its power to facilitate euphoric feelings. Heroin is also one of the most highly dangerous drugs, because it is hard to determine the purity of the substance and very easy to overdose on.  The possession of heroin in any amount is illegal and severe penalties are associated with conviction.

Federal and State Heroin Laws on Possession

Charges of heroin possession are serious.  If convicted, you will face prison sentences and fines and the offense will go on your criminal record.

• Federal laws on heroin possession:
  • First time offense - 1 yr. in prison and $5,000 fine
  • Second time offense - 2 yrs. in prison and $10,000 fine

• State laws on heroin possession:

• Up to 7 yr. prison sentence and up to $50,000 fine

Federal and State Laws on Manufacturing or Selling Heroin

Heroin found in possession that you are manufacturing or holding with the intent to distribute carries much harsher penalties.  State laws vary, but may be even stricter than the federal laws.

• Federal laws on sale or manufacturing of heroin:
  • First time offense - maximum of 15 yrs. in prison and $25,000 fine.
  • Second time offense - 30 yrs. in prison and $50,000 fine.

• State laws on heroin sale or distribution:
  • Up to life in prison, but usually between 10-15 yrs. and $100,000.

Getting Legal Help

If you have been charged with the possession of heroin, then it is essential to your case that an experienced criminal defense attorney is consulted with as soon as possible.  The attorney will be able to evaluate your case and assist you in presenting your position in court.  A knowledgeable attorney will help to make sure you are treated as innocent until proven guilty and he/she may also be able to lessen prison sentences and fine amounts.  If you have been falsely charged, the attorney will see that you are acquitted of charges and your criminal record is cleared.