When you are facing charges for a drug-related crime several aspects of your case will impact the consequences you are given. If you have a prior drug conviction it will influence the penalties you incur during your current charges. A Memphis drug crime lawyer can help examine the details of your case and create an effective defense. Speak to a skilled lawyer today.
What Are the Penalties for Drug Possession in Tennessee?
In Tennessee, the penalties you are given for drug possession will vary depending on several factors. A first-time offender will likely face a Class A misdemeanor charge which is punishable by fines of $2,500 and up to one year in jail. However, if you have a prior drug conviction your charges may automatically be categorized as a higher offense.
How Does a Prior Conviction Influence Current Drug Penalties?
It is common practice in many jurisdictions to punish a second-time offender more harshly than a first-time offender. It is important to remember that one goal of the judicial system is to deter individuals from engaging in illegal activities, including crimes relating to drug use, possession, manufacturing, or distribution. By imposing harsher penalties on second or subsequent offenses, courts send a message to the individual and others about the consequences of being involved in criminal activity. This may come in the form of more extensive fines, longer prison sentences, license suspension, increased probation, and more.
Prior convictions can also influence charges because an individual’s criminal history is used as a way to determine the person’s risk to the general public. A person who has a history of criminal activity and previous drug offenses may be seen as more likely to continue engaging in illegal behavior. When sentencing individuals courts look at the risk of the individual repeat offending. When they have prior convictions the court will not be lenient in their decision.
Many first-time offenders are offered rehabilitation or drug education courses as a way to reduce the amount of time they are sentenced to jail or prison. However, a second-time offender will be less likely to receive this option. It may be obvious to a prosecutor or court that rehabilitation is not effective for this particular individual, so they may face increased sentencing or more intensive substance abuse treatment.
Contact a Drug Crime Lawyer Today
As established, having a prior drug conviction on your criminal record will surely influence the outcome of your current case. Longer jail sentences and harsher penalties in general are designed to deter criminal behavior and protect the public. However, many criticize the imposition of more severe consequences for repeat offenders, arguing that it prevents individuals from addressing the underlying causes of their behavior and seeking help.
If you are facing drug charges in Tennessee, it is important that you obtain competent legal counsel to help represent you and advocate on your behalf during your case. Reach out to a skilled attorney today.