When you are charged with possession of a controlled substance, your first defense may be “the drugs aren’t mine!” However, under Oklahoma’s constructive possession laws, you may be charged for a drug that is not even on your person at the time of the arrest. If you’re unsure how constructive possession works or the penalties you can face for a felony possession charge, the following blog explores what you should know about these matters. In addition, you’ll learn the importance of working with an Oklahoma City felony defense lawyer to explore your legal options.
When Does Drug Possession Become a Felony in Oklahoma?
Under Oklahoma law, the severity of the charge you face, meaning a misdemeanor or felony, will depend on the type of substance and the amount of the substance in your possession. Generally, Oklahoma will charge a first offense of any drug with simple possession. However, certain circumstances can increase the penalties to a felony, like repeat offenses or intent to distribute. Depending on the quantity found in your possession, you can even face drug trafficking charges, which is among the most serious drug offenses in Oklahoma.
In Oklahoma, felony drug possession is a serious offense with harsh penalties. You’ll find that this often warrants between one and five years in prison, and fines of up to $5,000.
What Is Constructive Possession Under Oklahoma Law?
While you may assume that charges of possession of a controlled substance are only brought against those found with a drug directly on their person, this is not always the case. Oklahoma law allows for something known as constructive possession.
Essentially, constructive possession means you can be charged for possession of drugs even if they are not physically on you, like in your pocket or purse. This is because the prosecution can show that you knew the drugs were there, and you had the ability to exercise control over the drugs. For example, if you are the passenger in a vehicle and there are drugs on the floor of the vehicle in the backseat, you can face charges, even though it isn’t your car.
How Is This Proven?
If you are facing a felony drug possession charge on the grounds of constructive possession in Oklahoma, it’s necessary to understand the steps the prosecution must take to prove your guilt. While this can be difficult, because constructive possession relies on circumstantial evidence rather than actual, physical proof, it is possible to be convicted on these grounds.
Prosecutors will first show that you knew where the drugs were at the time of the arrest, through statements made to the police, behavior at the scene, or due to the presence of personal items near the substance, like your phone or wallet. Next, they’ll need to show that you exercised control over the drugs. This can be through the location, like finding them in a vehicle you are driving, even if you’re borrowing the car. While it can be more difficult to prove in circumstances where many people can access the substance, the state may use the location of the drugs to show it’s close proximity to where you were sitting or your bedroom, for example, to convict you.
Possession of a controlled substance on the grounds of constructive possession can be incredibly overwhelming, especially when you’re facing a felony offense. As such, it is imperative to connect with an experienced attorney with the Jones Firm, PLLC, to help you navigate these difficult times. Our team understands how complex these matters are, which is why we will do everything in our power to help you fight for the best possible outcome. Contact us today to learn more.
