Drug Crimes & Possesion

An attorney can really help with a simple possession charge, especially if it is charged in conjunction with something else. Do not plead guilty just because you think it is a “simple possession charge.” Call us first – it’s free! (859) 940-7480

The Commonwealth has harsh penalties for possession, sale, or trafficking of heroin:

• Possession of heroin is a Class D felony for a first offense, and a Class C felony for subsequent offenses
• The sale of heroin is a Class C felony for a first offense, and a Class B felony for a subsequent offense
• Trafficking heroin is a Class C felony for a first offense, a Class B felony for a subsequent offense, and enhanced penalties if trafficking occurs within 1000 yards of a school

Under the “old law,” Kentucky law had a so-called “peddler distinction”, in which an individual who shared less than two grams of heroin would be charged with a Class D felony for a first offense. The 2018 “new law” did away with this distinction, subjecting even the lowest-level offenders (those using or sharing) to a Class C felony charge.

This change could have negative unintended consequences, because not only does it lengthen potential prison sentences for low-level offenders, it also forces them to serve a higher percentage of their sentence before becoming eligible for parole. A Class D felony carries a one to five-year sentence, and you can be eligible to be released on parole after serving 20% of that sentence. For example, if you were sentenced to two years for a Class D felony heroin charge, you could be out on parole in about five months, give or take. Those charged with a Class D felony may also be eligible for a pre-trial diversion, which allows them to avoid jail time and have the offense expunged from their criminal record if the diversion is successfully completed. Even if pre-trial diversion is not available, a Class D felony may be eligible for expungement five (5) years after the sentence is completed. 

A Class C felony carries a five to 10-year sentence, and those convicted cannot be released on probation, shock probation, parole, conditional discharge, or any other form of early release until they have served at least 50% of their sentence. This means that, even if you receive the minimum five-year sentence, you would have to serve at least 30 months in prison before becoming eligible for parole. And unfortunately, there is no pretrial diversion available for a Class C felony, and it cannot be expunged from your criminal record under any circumstances.

After the law was passed, the Lexington Herald reported that the Kentucky prison population is projected to increase 19% in the next decade, costing the Commonwealth an additional $600 million. Changes made by the new law account for roughly 40% of the projected prison population increase. The financial cost is only part of the equation, however. Time in prison also increases the likelihood that an individual will re-offend. The Kentucky recidivism rate is currently 41% within just two years after release. People who commit non-violent crimes related to substance abuse need treatment and accountability, not prison.