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Felony Sale and Delivery of Drugs in Knoxville and East Tennessee

You’ve been arrested on drug charges? Now what? 

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Barnes & Fersten is a leading criminal defense law firm in Knoxville, TN, with a focus on defending felony sale and delivery of drugs cases. Learn about your rights and defenses for drug charges involving heroin, fentanyl, methamphetamine, cocaine, and marijuana.

Felony Sale and Delivery of Drugs in Knoxville, TN

At Barnes & Fersten, we understand the gravity of being arrested for a felony drug offense and that it can be a confusing and overwhelming experience. Our experienced criminal defense attorneys understand the complexities of drug laws in Tennessee and are dedicated to protecting your rights and providing the highest quality defense while keeping you informed through every step of the process. We believe that working closely with clients to identify defenses and strategies, as well as to address questions and concerns promptly delivers the best results.

 

This page provides an overview of felony drug sale and delivery charges, including those involving heroin, fentanyl, methamphetamine, cocaine, and marijuana, as well as the serious implications gun possession carries in relation to these offenses. If you or a loved one has been arrested for this type of offense, it is crucial to seek legal representation as soon as possible.

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Understanding Tennessee Drugs Laws

Tennessee law classifies controlled substances into several “schedules,” with Schedule I substances considered the most dangerous and having the highest potential for abuse. Heroin, fentanyl, methamphetamine, and cocaine are all considered Schedule I or II drugs, while marijuana is classified as a Schedule VI substance.

 

Selling, delivering, or possessing with the intent to sell or deliver any of these drugs is a felony in Tennessee. The severity of the offense and potential penalties depend on the type and amount of the controlled substance involved. Additionally, all felony drug crimes in Tennessee are classified as “dangerous felonies.”  This classification makes possessing or using a gun during a drug crime a separate and serious offense.

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Felony Drug Sale and Delivery - Charges and Penalties

Heroin, Fentanyl, Methamphetamine, and Cocaine

These drugs are considered among the most dangerous and addictive, and as such, they carry severe penalties for their sale and delivery.  Most often felony charges for these substances will be class A or B felonies. What potential sentence you could receive depend on whether and how many prior felony offenses are on your record. The potential penalties for selling or delivering heroin, fentanyl, methamphetamine, or cocaine are as follows:

  • Class A Felony: Penalties include 15-60 years in prison and fines up to $500,000.
  • Class B Felony: Penalties include 8-30 years in prison and fines up to $100,000.

Marijuana

Although marijuana is classified as a Schedule VI substance, the sale and delivery of marijuana can still result in felony charges in Tennessee.  The severity of the potential punishment will depend on the weight of marijuana the state charges, and can vary if non-leafy version of marijuana or marijuana plants are charged:

 

  • Class E Felony: Sale or delivery of 14.175 grams to 10 pounds. Penalties include 1-6 years in prison and fines up to $5,000.

 

  • Class D Felony: Sale or delivery of 10 pounds to 70 pounds. Penalties include 2-12 years in prison and fines up to $50,000.

 

  • Class B Felony: Sale or delivery of 70 pounds to 300 pounds. Penalties include 8-30 years in prison and fines up to $100,000.

 

  • Class A Felony: Sale or delivery of 300 pounds or more. Penalties include 15-60 years in prison and fines up to $500,000.

Defending Felony Drug Sale and Delivery Charges

At Barnes & Fersten, our criminal defense attorneys have a deep understanding of the Tennessee drug laws and are committed to providing aggressive representation for those facing felony drug sale and delivery charges. We will thoroughly investigate your case, examining all aspects of the arrest and evidence to identify any weaknesses in the prosecution’s case. We will work with you to determine the best strategies and defenses to employ on your behalf. We make sure that you are informed every step of the way of all aspects of your case and are available to answer questions and discuss your concerns throughout your case.

 

Some potential defenses and strategies we may employ include:

 

  • Challenging the legality of the search or arrest: If the police violated your constitutional rights by conducting an unlawful search or arrest, we will challenge the illegal search or seizure to have the evidence excluded from the case.

 

  • Disputing the intent to sell or deliver: In some cases, it may be possible to argue that the drugs were for personal use rather than for sale or delivery. As little as .5 grams, the equivalent of half a sugar packet, is enough to secure a felony charge in Tennessee, but that amount is often not indicative of intent to sell or deliver, but rather for personal use.Personal use possession of drugs is a misdemeanor, not felony, offense.

 

  • Presenting alternative explanations for the evidence: We will explore all possible explanations for the presence of the drugs, such as another person’s ownership or control of the drugs, which could lead to a dismissal or reduction of the charges.

 

  • Questioning the chain of custody and testing of the evidence: We will ensure that the evidence against you was properly handled, preserved, and tested. If there were any irregularities, we will argue to have the evidence suppressed or charges dropped. The State of Tennessee must prove that substance it is charging you with were actually drugs. This has become more relevant now that Delta 8 and other marijuana like substances that aren’t illegal can be bought legally but still look and smell like marijuana.

 

  • Negotiating a plea agreement: If appropriate, we may work with the prosecutor to negotiate a favorable plea agreement that could result in lesser charges or reduced penalties. Few cases go all the way to trial and we will do everything we can to present you with all the possible options to resolve your case in a favorable way.

Gun Possession and Felony Drug Crimes

All felony drug crimes in Tennessee are classified as “dangerous felonies.” That classification makes the possessing or employing a firearm during the commission of a drug crime a separate crime.

 

Possession of a firearm during the commission of a dangerous felony carries mandatory minimum sentenced that, if convicted, must be served consecutively, or “stacked,” on top of any sentence for the drug crime itself.  The mandatory minimum penalties start at 3 years and can increase up to 10 years, depending on any prior record and whether or not the firearm was possessed or used in the offense.

 

Gun charges significantly increase the seriousness of what are already serious drug charges and must be defended aggressively and thoroughly. 

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Contact Barnes & Fersten: Knoxville's Trusted Criminal Defense Law Firm

If you or a loved one has been arrested for the felony sale and delivery of drugs in Knoxville, TN, it is crucial to act quickly to protect your rights and secure the best possible outcome for your case. At Barnes & Fersten, our experienced criminal defense attorneys are dedicated to providing you with personalized, aggressive representation in your time of need.

Contact us today at (865) 805-5703 or through our online contact form to schedule a free, confidential consultation. We will discuss the specifics of your case, answer any questions you may have, and outline a strategic defense plan tailored to your unique situation.