Under Oklahoma law, it is a crime for any person to knowingly or intentionally possess a controlled dangerous substance (CDS) unless he or she has a valid prescription by a physician or other practitioner that was issued during the course of the medical provider’s professional practice.
In other words, if you are in possession of a controlled dangerous substance as defined by Oklahoma statutes, you can face a potential felony charge or a misdemeanor charge, depending on the type and amount of the CDS you possess as well as any prior convictions. An experienced Wagoner criminal defense attorney can explain the charges against you and the various legal defenses to those charges.
What is considered a controlled dangerous substance in Wagoner?
Numerous substances are considered controlled dangerous substances under Oklahoma laws. The state legislature has divided the substances into five schedules broken down by the potential medical use of each substance and the supposed addiction risk posed by the substance. A complete list of the substances can be found under each schedule contained in Title 63 Sections 2-204 through 2-212 of the Oklahoma Statutes:
If you are charged with possession of a controlled dangerous substance, you should contact a Wagoner felony attorney who has experience in defending drug possession charges. An experienced Oklahoma defense attorney knows the elements that the prosecution must prove in order for you to be found guilty of the charge and the best defenses to those elements.
What are the Elements of Possession of a Controlled Dangerous Substance?
There are three elements that the state must prove beyond a reasonable doubt in order for you to be found guilty of the crime of possession of a controlled dangerous substance:
One: You knowingly and intentionally
Two: had possession
Three: of the controlled dangerous substance known as (insert name of CDS).
If the state is unable to prove all three elements beyond a reasonable doubt, the jury is instructed to find the defendant not guilty of the alleged crime of possession. With regard to the second element (possession), the state may prove that you had actual possession or constructive possession.
In other words, if you have the drugs on your person, you are in actual possession of the CDS. However, the CDS does not need to be on your person in order for you to be found guilty of possession of a controlled dangerous substance.
If the state can prove that you had control or authority over the CDS, this will be enough to satisfy the second element under what is termed as constructive possession. Because there are many ways to defend a charge of possession of a controlled dangerous substance, you want a skilled Wagoner drug crimes lawyer to represent you in regard to your charges.
The other reason you need a Wagoner attorney experienced in drug defense cases is that the penalties for drug possession in Oklahoma range from two to ten years in prison for a first time offender; and up to twenty years in prison for subsequent convictions. Call a Wagoner Drug Crimes Attorney as soon as possible if you have been charged with possession of a controlled dangerous substance.
Initial Strategy Session: Wagoner Criminal Defense Attorney
For a low-cost consultation with a Wagoner, Oklahoma criminal defense lawyer, call Wirth Law Office – Wagoner at (918) 485-0335 (or toll free at (888) Wirth-Law). Or, as always, you may enter a legal question in the form at the top right of this page.
