We are independent & ad-supported. We may earn a commission for purchases made through our links.
Advertiser Disclosure
Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.
How We Make Money
We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently of our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.
Finance

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

What is Felony Possession?

Mary McMahon
By
Updated: May 17, 2024
Views: 9,985
Share

Felony possession is a criminal activity characterized by possessing something that is banned or restricted under laws that subject people to severe penalties. Controlled substances, certain types of weapons, and stolen goods can all be involved in felony possession cases. Someone accused of felony possession can either plead guilty and accept sentencing from a judge, or choose to move forward and contest the charges in court.

Possession is a somewhat slippery concept under the law. Being in physical custody of something is a form of possession, as is having reasonable control over an item and the intent to possess the item. Someone holding or carrying drugs would be considered in possession, and likewise a person with stolen goods in the trunk of a car or in a room of a home would be in possession.

Possession of certain items is criminalized due to concerns about public safety. Thus, ownership of some types of weapons, illegal drugs, or controlled drugs without a prescription are all illegal. Possession can also be criminalized in certain circumstances while not being banned outright. In the United States, for example, felons are not allowed to own firearms, even if the firearms themselves are legal with a permit.

Definitions in legislation determine whether something is considered felony or misdemeanor possession. The law may dictate that possession of small amounts of drugs or stolen goods of low value is a misdemeanor, meaning that if convicted, the penalties will be much lower. For felony classifications, the law may also distinguish between different types of felony possession on the basis of the amount or value of goods in someone's possession. Different classes of felony can come with different penalties.

Someone charged with felony possession can also face other charges. Intent to sell may be used as another charge in cases where it is clear that someone is not holding something for personal use. For people on probation, violation of probation charges may be filed in possession cases.

People charged with misdemeanor or felony possession should consult a criminal lawyer. These legal specialists can provide advice and assistance throughout the legal process. In many regions of the world, people are entitled to a lawyer by law and can refuse to answer questions without an attorney present. Whether one is a citizen or a visitor, it is advisable to get familiar with the laws of the land to become familiar with the procedures that happen at arrests and the rights available to the accused.

Share
WiseGeek is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Mary McMahon
By Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a WiseGeek researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.

Editors' Picks

Discussion Comments
By RocketLanch8 — On Aug 05, 2014

I almost got busted on a felony possession of a controlled substance charge, but it was a huge misunderstanding. My mother had pancreatic cancer, and the doctors prescribed morphine during her final months. Only a handful of pharmacies in the area would even fill the prescription, and there were very strict procedures in place. My dad was actually the only family member allowed to get it filled.

When my mother passed away, there was almost a full bottle of morphine left at our house. I called the pharmacy and they told me to bring it back to the store as soon as possible. While I was driving to the store, I got pulled over for running a stop sign. The officer spotted the bottle of morphine on the passenger seat and grilled me about it. He said it was enough for a possession charge. The pharmacist saved the day by confirming the prescription and the conversation we had earlier. Federal possession laws are no joke.

By Phaedrus — On Aug 04, 2014

A friend of mine actually got arrested for felony possession of marijuana because she signed for a package sent to her boyfriend's house. It turned out that federal drug agents had already arrested the boyfriend's supplier, and that man gave up his entire client list. The DEA knew a large package of marijuana was in the mail, so they staked out the address. When my friend signed for the package, the agents came out of hiding and arrested her.

The total weight of the marijuana made all the difference. It was clearly more than an ounce, which is usually considered a misdemeanor in this area. It was closer to 9 ounces, and they also found scales and plastic baggies in the boyfriend's home, which made it felony marijuana possession with intent to distribute. She's still trying to claim she had no idea what he was doing or what was in the package, but her attorney is only hoping for a lesser possession charge.

Mary McMahon
Mary McMahon

Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a...

Learn more
Share
https://www.wisegeek.net/what-is-felony-possession.htm
Copy this link
WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGeek, in your inbox

Our latest articles, guides, and more, delivered daily.