Lexington Heroin Defense Attorney

Have you been charged with a heroin crime?

Our team of criminal defense attorneys are members of National Association of Criminal Defense Lawyers and have been recognized as Top 100 Criminal Defense Attorneys in America by The National Trial Lawyers and America’s Top 100 Criminal Defense Attorneys. Put our experience and track record of success to work for you against the government’s charges and protect your freedom!

If you have been charged with possession of heroin or trafficking heroin, you need a team of experienced criminal defense attorneys focused on achieving the absolute best outcome for your case. Call and speak with a Cooley Iuliano Robey, PLLC drug attorney at 859-636-6803.

Kentucky Heroin Crimes

Heroin is a Schedule 1 controlled substance that is a form of synthesized morphine. Pure heroin is a white powder. Typically, most heroin found on the street is a gray, brown, or even black powder. The discoloration is caused by the use of toxic ingredients to lower the cost of the drug. Heroin is highly addictive, and is actually growing in popularity in Kentucky after legal painkillers have been more heavily regulated in recent years.

In Kentucky, any possession or trafficking of heroin is illegal.

Possession of heroin is a Class D felony.
Trafficking heroin is a Class C felony for a first offense.
Trafficking heroin is a Class B felony for a second or greater offense.

Our skilled drug and heroin criminal defense attorneys are always prepared to fight in your defense and to protect your rights and freedom. With three attorneys working on your case, we see to it that no stone is left unturned. Our drug and heroin defense attorneys stay current on all of the latest court decisions that can help you have what it takes to beat your charges.

It is important that the prosecutors know that you have attorneys who won’t back down. Walk into the courtroom with attorneys with a proven track record of success, who will hold the government to its burden of proving each and every element of their case beyond a reasonable doubt.

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Federal Heroin Crimes

The federal government has its own laws regarding drug offenses, including heroin. Whether you are tried by the state of Kentucky or by the federal government depends on a number of factors, such as where your arrest happened, who arrested you, what evidence was found and what alleged crime was committed.

Most heroin possession offenses are handled by the Commonwealth, but if you are alleged to be trafficking heroin across state lines, using the mail, and so on, you can be charged with a violation of federal law and tried in federal court.

There are two Federal Districts in Kentucky, the United States District Court for the Eastern District of Kentucky and the United States District Court for the Western District of Kentucky. Each District has a number of courthouses spread out throughout their geographical region of the state.

Federal heroin drug crimes are serious and often carry heavier penalties in comparison to its state level counterparts. If federal drug charges have been filed against you, you need to call a trusted heroin crime criminal defense attorney as soon as you can. Working with a seasoned criminal defense attorney who will defend and protect your rights against the government’s cocaine crime charges is the first step to building your defense and protecting your freedom.

What are the penalties for Possession of Heroin in Kentucky?

Possession of heroin is a Class D felony in Kentucky and carries a sentence of 1-3 years in prison. It can also carry a fine of up to $10,000.00.

On first offense and second offense possession of heroin, you may be eligible for deferred prosecution or presumptive probation.

What are the penalties for Trafficking Heroin in Kentucky?

Trafficking heroin is a Class C felony and carries a sentence of 5 – 10 years in prison. If it is a second or subsequent offense, it is a Class B felony and carries a sentence of 10 – 20 years in prison. It can also carry a fine of up to $10,000.00.

Trafficking more than 100 grams of heroin is a Class B felony and carries a sentence of 10 – 20 years in prison. This is because trafficking more than 100 grams of heroin is considered “aggravated trafficking of a controlled substance in the first degree.”

You need a team of experienced lawyers on your side!

Our criminal defense attorneys at Cooley Iuliano Robey, PLLC are members of the National Association of Criminal Defense Lawyers, the National Trial Lawyers, America’s Top 100 Criminal Defense Attorneys and have experience practicing criminal defense cases just like yours throughout all of Kentucky.

Our team of lawyers will put their experience and reputation for success to work for you against your heroin crime charges.

When it comes to heroin crimes, you need attorneys who will fight for and assert your constitutional rights. Often times, heroin charges stem from violations of your Fourth Amendment rights. Our team of lawyers will dedicate the time necessary to meet with you and to go through every detail of your case, as we lay the building blocks to your best defense!

Free Consultation & Case Review from our criminal defense lawyers.

CIR Legal’s heroin crime defense attorney services include offering a free consultation and case review to all potential clients. Our defense attorneys have fought and will always strive to fight for the rights of every person in the Commonwealth of Kentucky, and we are ready to fight for you. Call our office at 859-636-6803 or fill out our form on this website to schedule your free consultation.

Want to know more? We have included Kentucky heroin laws below!

Heroin Possession

Possession of a controlled substance in first degree - KRS 218A.1415

(1) A person is guilty of possession of a controlled substance in the first degree when he or she knowingly and unlawfully possesses:

(a) A controlled substance that is classified in Schedules I or II and is a narcotic drug;

(b) A controlled substance analogue;

(d) Lysergic acid diethylamide;

(e) Phencyclidine;

(f) Gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of isomers, and analogues; or

(g) Flunitrazepam, including its salts, isomers, and salts of isomers.

(2) Possession of a controlled substance in the first degree is a Class D felony subject to the following provisions:

(a) The maximum term of incarceration shall be no greater than three (3) years, notwithstanding KRS Chapter 532;

(b) For a person’s first or second offense under this section, he or she may be subject to a period of:

1. Deferred prosecution pursuant to KRS KRS 218A.14151; or
2. Presumptive probation;

(c) Deferred prosecution under paragraph (b) of this subsection shall be the preferred alternative for a first offense; and

(d) If a person does not enter a deferred prosecution program for his or her first or second offense, he or she shall be subject to a period of presumptive probation, unless a court determines the defendant is not eligible for presumptive probation as defined in KRS KRS 218A.010.

If you or someone you care about has been charged with this particular heroin possession charge in Kentucky, contact our reputable criminal defense lawyers or heroin lawyers as soon as possible by calling 859-636-6803.

Possession of Drug Paraphernalia - KRS 218A.500

In Kentucky, possessing products and materials that help consume, manufacture, distribute, package, cultivate, test, prepare, inject, or otherwise introduce into the human body a controlled substance in violation of state drug laws. To know more about this particular drug crime, visit our drug paraphernalia possession page here.

Heroin Trafficking

Trafficking in controlled substance in first degree - KRS 218A.1412

(1) A person is guilty of trafficking in a controlled substance in the first degree when he or she knowingly and unlawfully traffics in:

(a) Four (4) grams or more of cocaine;

(b) Two (2) grams or more of methamphetamine;

(c) Ten (10) or more dosage units of a controlled substance that is classified in Schedules I or II and is a narcotic drug, or a controlled substance analogue;

(d) Any quantity of heroin, fentanyl, carfentanil, or fentanyl derivatives; lysergic acid diethylamide; phencyclidine; gamma hydroxybutyric acid (GHB), including its salts, isomers, salts of isomers, and analogues; or flunitrazepam, including its salts, isomers, and salts of isomers; or

(e) Any quantity of a controlled substance specified in paragraph (a), (b), or (c) of this subsection in an amount less than the amounts specified in those paragraphs.

(2) The amounts specified in subsection (1) of this section may occur in a single transaction or may occur in a series of transactions over a period of time not to exceed ninety (90) days that cumulatively result in the quantities specified in this section.

(3) (a) Any person who violates the provisions of subsection (1)(a), (b), (c), or (d) of this section shall be guilty of a Class C felony for the first offense and a Class B felony for a second or subsequent offense.

(b) Any person who violates the provisions of subsection (1)(e) of this section shall be guilty of a Class D felony for the first offense and a Class C felony for a second or subsequent offense.

(c) Any person convicted of a Class C felony offense or higher under this section shall not be released on probation, shock probation, parole, conditional discharge, or other form of early release until he or she has served at least fifty percent (50%) of the sentence imposed in cases where the trafficked substance was heroin, fentanyl, carfentanil, or fentanyl derivatives.

If you or someone you care about has been charged with this particular heroin trafficking charge in Kentucky, contact our reputable criminal defense lawyers or heroin lawyers as soon as possible by calling 859-636-6803.

Aggravated trafficking in controlled substance in first degree - KRS 218A.142

(1) A person is guilty of aggravated trafficking in a controlled substance in the first degree when he or she knowingly and unlawfully traffics in:

(a) One hundred (100) grams or more of heroin;

(b) Twenty-eight (28) grams or more of fentanyl; or

(2) Aggravated trafficking in a controlled substance in the first degree is a Class B felony, and the defendant shall not be released on probation, shock probation, conditional discharge, or parole until he or she has served at least fifty percent (50%) of the sentence imposed.

Trafficking in a misrepresented controlled substance - KRS 218A.14141

(1) A person is guilty of trafficking in a misrepresented controlled substance when he or she knowingly and unlawfully sells or distributes any Schedule I controlled substance, carfentanil, or fentanyl while misrepresenting the identity of the Schedule I controlled substance, carfentanil, or fentanyl being sold or distributed as a legitimate pharmaceutical product.

(2) The provisions of this section are intended to be a separate offense from others in this chapter, and shall be punished in addition to violations of this chapter occurring during the same course of conduct.

(3) Trafficking in a misrepresented controlled substance is a Class D felony.

Selling controlled substances other than salvia to a minor - KRS 218A.1401

(1) A person is guilty of selling controlled substances to a minor when he or she, being eighteen (18) years of age or older, knowingly and unlawfully sells or transfers any quantity of a controlled substance other than salvia to any person under eighteen (18) years of age.

(2) Selling controlled substances to a minor is a Class C felony for a first offense, and a Class B felony for each subsequent offense, unless a more severe penalty for trafficking in controlled substances is applicable, in which case the higher penalty shall apply. Effective:April 27, 2016

Trafficking in controlled substance in or near school - KRS 218A.1411

(1) Any person who unlawfully traffics in a controlled substance classified in Schedules I, II, III, IV or V, or a controlled substance analogue in any building used primarily for classroom instruction in a school or on any premises located within one thousand (1,000) feet of any school building used primarily for classroom instruction shall be guilty of a Class D felony, unless a more severe penalty is set forth in this chapter, in which case the higher penalty shall apply. The measurement shall be taken in a straight line from the nearest wall of the school to the place of violation.

(2) The provisions of subsection (1) of this section shall not apply to any misdemeanor offense relating to salvia

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Our Promise To You

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Our promise to you is based on a simple principle – focus on your goals and achieve exceptional results. You have trusted us to represent your interests in one of the most important events in your life, and we will not let you down.

We will always keep you informed about your case. We will always explain a clear path forward, and provide you with an understanding of “what to expect” at each step. We will always be directly accessible to you and promptly respond to any questions you may have.

We promise to always advocate for you and your interests. No matter what issue you’re facing – you’ll always have a team of attorneys in your corner ready to fight for you.

Heroin Defense Lawyer Lexington KY