Drug crimes are arguably some of the most charged crimes in Pennsylvania and many other states. Schedule I drugs, including heroin, are among the most dangerous, and charges related to these substances tend to be severe. If you are charged with heroin possession, get a lawyer now.
If you are charged with simple possession, the penalties will vary based on whether you have prior convictions for the same offense. The more prior convictions on your record, the harsher the penalties. If you are instead charged with possession with the intent to distribute (PWID), the charges are much more serious, and you may be dealing with severe felonies and possibly many years in prison. Again, call a lawyer for help immediately.
Receive a private initial case review free of charge from our Philadelphia drug possession lawyers by calling Kenny, Burns & McGill at (215) 423-5500.
Penalties for Simple Possession of Heroin in Pennsylvania
Simple possession refers to the crime of simply having heroin within your possession or under your control. Penalties for simple possession of heroin vary based on whether you have any prior convictions.
First Offense
For a first offense of simple possession of heroin, you may be charged with an ungraded misdemeanor. Possible penalties include up to 1 year in jail and up to $5,000 in fines.
Second or Subsequent Offense
If you have one prior conviction for simple possession on your record, you may be sentenced to up to 3 years in jail and a fine of up to $25,000.
Quantity of Heroin
Simple possession tends to apply more often in cases where people are accused of having smaller quantities of heroin. Often, people have about enough for personal use. If someone is alleged to have a much larger quantity, the authorities may suspect drug trafficking, and your charges could become much worse, as described below.
Mandatory Minimum Sentencing for PWID Involving Heroin
Pennsylvania law requires that defendants convicted of PWID serve mandatory minimum sentences based on the quantity of heroin supposedly found in their possession.
Sentencing for 1 to 5 Grams of Heroin
If the alleged controlled substance contains heroin and weighs at least 1 gram but less than 5 grams, a convicted defendant must serve a mandatory minimum sentence of 2 years in prison and a fine of $5000.
If the defendant has a prior conviction for a drug trafficking offense, the mandatory minimum sentence for their current charges increases to 3 years in prison and a $10,000 fine.
Sentencing for 5 to 50 Grams of Heroin
If you are charged with PWID and are accused of possessing controlled substances containing heroin that weigh at least 5 grams but less than 50 grams, the mandatory minimum sentence is 3 years in prison and a $15,000 fine.
If you are determined to have a prior drug trafficking conviction, the minimum sentence increases to 5 years in prison and a $30,000 fine.
Sentencing for 50 Grams or More of Heroin
Defendants convicted of PWID charges involving 50 grams or more of controlled substances containing heroin must serve the longest mandatory minimum sentence. If convicted, you would be required to spend at least 5 years in prison and pay a $25,000 fine.
If you have a prior drug-trafficking conviction, the minimum sentence increases to 7 years in prison and a $50,000 fine.
How to Fight Criminal Charges for Heroin Possession
The authorities can be quite harsh when they suspect you of heroin possession or PWID. While the odds might feel stacked against you, an attorney can help you protect your rights and fight your charges.
Challenge the Alleged Quantity of Heroin
One way our Pennsylvania drug possession attorneys can fight your charges is to dispute the alleged quantity of controlled substances.
When dealing with heroin and PWID charges, the alleged controlled substances do not have to be pure heroin. Instead, they must simply contain heroin. If the alleged amounts of heroin are only mere trace amounts, we may argue that there is not enough to warrant charges.
This is not a foolproof defense, but it may raise doubt in the minds of jurors about the true contents of the alleged controlled substances and whether heroin charges should even apply.
Challenge Evidence of PWID
We may also challenge evidence of PWID. A defendant is usually charged with PWID based on multiple factors, not just a single piece of evidence.
For example, having a high quantity of heroin is, on its own, not enough to justify PWID charges. However, if prosecutors also find things like scales for weighing drugs, materials for packaging drugs for sale, and other drug paraphernalia, PWID charges may be justified.
If the authorities do not have much evidence to support PWID charges, we may be able to have your charges reduced to simple possession, which is significantly less severe.
Lack of Intent or Knowledge
Criminal charges for possession require knowledge of the drugs. Even if the heroin was technically within your control (e.g., in your home), but you were unaware of its existence, you cannot exercise legal control over the drug, at least in a legal sense.
Talk to your attorney if you truly did not know about the drugs. Did someone you know place the drugs in your home without your knowledge? If we can prove you lacked any knowledge of the heroin or intent to do anything with the drugs, prosecutors may have a much harder time securing a conviction.
FAQs About Penalties for Heroin Possession in Pennsylvania
Can You Go to Jail for Heroin Possession in Pennsylvania?
Yes. Charges for heroin possession often lead to time in jail or prison. Simple possession charges may result in at least a year in jail if you do not have any prior convictions. PWID charges may lead to much more time in prison, especially if you have previous charges related to drug trafficking.
Can You Be Charged for Heroin Possession if You Did Not Know About the Drugs?
You may be charged, but you should not be convicted if you lacked any knowledge about the drugs allegedly in your possession. Possession charges require knowledge and intent on the part of the defendant.
How Can You Fight Heroin Possession Charges?
There are multiple ways in which you may fight your charges. For example, if the alleged heroin was seized without a warrant, and the police cannot prove a valid exception to the warrant requirement existed, we can file a motion to exclude the heroin from your case. Without evidence of the drugs, the case may quickly fall apart.
Are Heroin-Related Drug Charges Serious?
Yes. Heroin is a Schedule I drug, making it among the most severe controlled substances on the books. Just having it in your possession could land you in jail. Selling or trafficking heroin may lead to even harsher penalties. If you are charged, call a lawyer immediately.
Get Legal Help Today by Calling Our Pennsylvania Drug Possession Attorneys
Receive a private initial case review free of charge from our Bensalem, PA drug possession lawyers by calling Kenny, Burns & McGill at (215) 423-5500.
