35 PA. Cons. Stat. § 780-113 – Possession of a Controlled Substance

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35 PA. Cons. Stat. § 780-113 – Possession of a Controlled Substance

35 PA. Cons. Stat. § 780-113 is Pennsylvania’s law for possession of a controlled substance. Under the law, it is a criminal offense to possess a controlled substance without the authority to do so. 35 PA. Cons. Stat. § 780-113 applies to drug possession that is illegal in all circumstances like cocaine or methamphetamine. However, it also applies in cases where a drug may be legal to have, like prescription medicine or marijuana. Criminal defense attorney Richard Fink explains possession of a controlled substance in Pennsylvania.

35 PA. Cons. Stat. § 780-113

35 PA. Cons. Stat. § 780-113 prohibits the unlawful possession of a controlled substance in the State of Pennslyvania. It is illegal for a person to knowingly and intentionally possess a controlled substance without proper, lawful authority. Violation of the law is a misdemeanor punishable by up to one year in jail and a fine of $5,000. For subsequent offenses, the maximum possible sentence for a violation of 35 PA. Cons. Stat. § 780-113 is up to three years in prison and a $25,000 fine.

Is possession a felony in PA?

No, possession is not a felony in PA. The penalty for a first possession offense under Pennsylvania law 35 PA. Cons. Stat. § 780-113 is one year in jail. For repeat offenders, the maximum possible penalty is three years in jail. In addition, if the charge is possession with intent to deliver, the offense is a felony. However, for first offense 35 PA. Cons. Stat. § 780-113, possession is not a felony in PA.

Possession of a controlled substance is a specific intent crime

Under Pennsylvania law 35 PA. Cons. Stat. § 780-113, possession of a controlled substance is a specific intent crime. When a crime is a specific intent crime, the police must prove that the person actually intended to commit the offense. In other words, if someone plants the drugs on you, and you don’t know you have them, you’re not guilty of the crime of possession of a controlled substance.

As a member of the public, you don’t have to prove your innocence. Rather, the police have to prove the charges against you. They have to prove that you not only knew you had the substance in your possession but also that you knew what the substance was. There can be no mistakes or accidents when it comes to charges of possession of a controlled substance.

What are my rights when I’m charged with possession of a controlled substance?

When you’re charged with possession of a controlled substance, you have a right to have the state prove the charges against you. You have the right to a criminal defense attorney of your choice. Your attorney can help you challenge the evidence, examine the constitutionality of the law enforcement investigation, and help you bring an aggressive defense to the charges. If you’re facing charges of a violation of 35 PA. Cons. Stat. § 780-113, possession of a controlled substance, call criminal defense attorney Richard Fink today.