What Is a Simple Possession Charge?

Being charged with simple possession means that you are being charged with possession of some type of controlled substance. The difference between simple possession and possession with intent is that simple possession means that the officers believe the substances were only for personal use. Possession with intent means that you are suspected of having the substance on your person with the intent to sell or distribute it to others.

Being charged with possession is a serious matter. Our law firm has a team of experienced criminal defense attorneys who understand how to defend against these types of charges. Call our firm to schedule a free consultation to find out more about how we can help.

What Are the Consequences of Simple Possession?

Simple possession is classified as a misdemeanor for a first and second offense. For a first offense, you can face up to a year in jail and a fine of up to $750. If it is your second offense, the jail time is still up to one year, but the fine increased to up to $850. A third offense changes the simple possession charge from a misdemeanor to a felony, which can mean increased jail time and a larger fine, as well as a felony conviction on your record.

Can I Get a Simple Possession Conviction Expunged?

It is possible to get a simple possession conviction expunged under Tennessee law, but there are some specific guidelines for eligibility. First, you must not have any prior criminal convictions for a simple possession charge to be expunged. Expungements are generally to give people a second chance at a clean slate, so if you already have convictions, you are not eligible for expungement. You also have to have paid all fines and court costs associated with your case and served your sentence, including any probation time. You have to wait five years after your sentence to request an expungement.

Do I Need an Attorney for a Simple Possession Charge?

If your simple possession charge is a misdemeanor, you may think that it isn’t worth it to go through the process of hiring a defense attorney. However, a lawyer can help you better understand the charges against you and may be able to find a way for the charge to be dropped entirely or lowered to a lesser charge. If you’ve already pled guilty or been convicted, an attorney can explain your options for having the charge expunged and what you can do to start moving forward with your life after you’ve served your time.

If you are dealing with a charge of simple possession, reach out to our firm at 931-236-2711. You can schedule a free consultation to find out how we can help in your specific case and what it looks like to partner with our firm.