Virginia Code §18.2-256 makes it a crime to conspire to commit any offense included in Virginia’s Drug Control Act. That means that if the Commonwealth can prove that you had an agreement with at least one other person to violate the Drug Control Act, then you may be found guilty of conspiracy.
The government does not need to prove that you completed the crime that you were allegedly conspiring to commit. Instead, the government just needs evidence that proves, beyond a reasonable doubt, that you had an agreement to commit the crime.
If you are found guilty of conspiracy to distribute drugs, then you may be sentenced to the same fine and prison time that you could be sentenced to if you actually committed the crime that you conspired to commit. The offense of conspiracy to distribute drugs is separate from the underlying drug distribution offense, and you may be charged with and sentenced for both offenses if the Commonwealth can prove them.
Conspiracy to Distribute Drug Crimes
Distributing controlled substances in violation of the Drug Control Act is a crime. If you had an agreement to distribute drugs in violation of the law, then you may be guilty of conspiracy. Specifically, you may be charged with:
Conspiracy to Distribute Drugs
Virginia Code §18.2-248 makes it illegal to distribute a Schedule I or II controlled substance without a prescription. The potential sentence for distributing drugs depends on the type of drug involved and whether it is your first, second, or subsequent offense. The possible penalties range from five years to life in prison and a fine of up to $1 million.
The same potential penalties apply if you are convicted of conspiracy to distribute drugs in violation of this section of law.
Conspiracy to Distribute Drugs to a Minor
If you are a legal adult who intentionally sells or gives controlled substances to a minor who is at least three years younger than you, or if you get a minor to help distribute drugs, then you may be guilty of a felony. You could face 10 to 50 years in prison and a fine of up to $100,000 for committing the crime.
Additionally, if you had an agreement with someone else to distribute drugs to a minor in violation of Virginia Code §18.2-255(A), then you could face an additional 10 to 50 years in prison and an additional fine of up to $100,000 for conspiracy.
The punishment for both distributing drugs to a minor and conspiracy to distribute drugs to a minor will be enhanced if you are convicted of distributing Schedule I or II controlled substances or at least one ounce of marijuana.
Conspiracy to Distribute Drugs in Certain Locations
Virginia Code §18.2-255.2 makes it a crime to sell, distribute, or manufacture drugs on or near specific locations. Possible charges include:
- Distributing a controlled substance
- Distributing a controlled substance on or near a certain property
- Conspiracy to distribute a controlled substance
- Conspiracy to distribute a controlled substance on or near a certain property
The potential sentence for distributing a controlled substance on or near a certain property is one to five years in prison and a fine of up to $100,000. Therefore, the potential sentence for conspiracy to distribute a controlled substance on or near a certain property is one to five years in prison and a fine of up to $100,000.
For purposes of this law, those properties include:
- School properties, including elementary, middle and high schools, daycare centers, and two or four-year colleges or universities
- Public property within 1,000 feet of school properties
- School buses
- Designated school bus stops and public spaces within 1,000 feet of designated school bus stops if the children are present waiting for the bus or have been dropped off by a bus
- Public libraries, community centers, and recreation centers
- Public property within 1,000 feet of public libraries, community centers, and recreation centers
Conspiracy to distribute drugs is one type of drug conspiracy charge. However, you could face additional conspiracy charges. The government must inform you of all criminal charges that you face, and your criminal defense lawyer will carefully review all of the charges, evidence, and potential defenses to advise you of your rights.
Contact a Virginia Criminal Defense Lawyer for Help
Our lawyers will thoroughly investigate the charges against you and advise you of all of your legal options. Our lawyers have over 80 years of combined trial experience, and we will not hesitate to go to trial if it is in your best interest. Please contact our Fairfax drug charge lawyers today to learn more about how to protect your future.