Des Moines Drug Crime Attorneys
Delivering Strategic Defense for Drug Cases in Iowa
At Branstad & Olson, our defense attorneys have over 65 years of collective experience handling a wide range of drug cases in Iowa. Whether you face charges for possession, manufacturing, distribution, conspiracy or a prescription drug offense, you can count on us to provide effective legal representation.
Possession of a Controlled Substance Iowa
According to Iowa Code § 124.401, it is illegal for any person to possess a controlled substance. The law also prohibits possession of counterfeit substances, simulated controlled substances, and imitation controlled substances.
To obtain a conviction against the defendant, the prosecution must prove the following three elements:
- The individual had dominion or control of the substance
- The person knew of the substance’s presence
- The alleged offender had knowledge that it was a controlled substance
A first offense for possession of a controlled substance is charged as a serious misdemeanor. This carries a punishment of up to 1 year in jail and a $315 to $1,850 fine. However, the maximum penalty for a first offense of possessing marijuana is 6 months in jail and a fine of up to $1,000. First-time offenders are often eligible for a deferred judgment or a suspended sentence with probation. Drug convictions may include a requirement to complete drug education, rehabilitation, or treatment.
Iowa Drug Possession Penalties for Multiple Offenses
Those being charged for a second or subsequent drug possession offense face harsher penalties. The classification of and penalties for possession of marijuana are distinct from other controlled substances, as shown below.
Possession of marijuana penalties include:
- Second offense: a serious misdemeanor, punishable by up to 1 year in jail and a fine between $315 and $1,850.
- Third and subsequent offenses: an aggravated misdemeanor, punishable by up to 2 years in prison and a fine of $625 to $6,250.
Penalties for possession of a controlled substance other than marijuana include:
- Second offense: an aggravated misdemeanor, carrying a penalty of a $625 to $6,250 fine and a maximum prison sentence of 2 years.
- Third and subsequent offenses: a Class D felony, carrying a penalty of a $750 to $7,500 fine and a maximum prison sentence of 5 years.
Enhanced Penalties for Drug Crimes in IA
Penalties for drug possession are just the beginning of consequences of a drug convictions. Drug offenses involving manufacturing, delivering, or possessing with intent to deliver a controlled substance can result in much higher penalties. Maximum sentences for these types of drug crimes are as high as 99 years in prison and a fine of $1,000,000.
Defense For Drug Crime Charges
If you have been accused of or arrested for drug possession or any other type of drug crime, get in touch with our criminal defense lawyers to discuss your rights, legal options, and best steps to prepare to negotiate.
Don’t give in to your charges – fight with our Des Moines drug crime attorneys by your side. Call Branstad & Olson at (515) 329-3100 now.
Murder 1st Degree Not Guilty– Jury Trial
Criminal Mischief Not Guilty– Jury Trial
Possession of Marijuana Not Guilty– Jury Trial
Suppression Leading to Dismissal Reversed and Remanded
Vehicular Homicide Not Guilty - Trial
Indecent Exposure Not Guilty– Jury Trial
Assault with Intent to Commit Sexual Abuse Not Guilty – Jury Trial
Appeal - Administrative Reversed and Remanded
Appeal - Criminal Conviction Reversed and Remanded
Robbery 1st Degree Not Guilty– Jury Trial