Simple possession under 21 U.S.C. § 844 is a federal misdemeanor carrying up to one year in prison and a minimum $1,000 fine. Law Offices Of SRIS, P.C. has extensive criminal defense experience in Virginia federal courts. A Simple Possession lawyer Virginia can help you handle the U.S. District Court for the Western District of Virginia or the Eastern District of Virginia.
Simple Possession Lawyer in Virginia
Simple possession is defined under 21 U.S.C. § 844 as the unlawful possession of a controlled substance for personal use. This federal statute prohibits possessing any controlled substance listed in the Controlled Substances Act without a valid prescription. Unlike possession with intent to distribute, simple possession does not require evidence of selling or distributing the substance. The prosecution must prove that you knowingly possessed a controlled substance. A Simple Possession lawyer Virginia can challenge the evidence and build a defense. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience to federal criminal defense.
Last verified: April 2026 | U.S. District Court for the Western District of Virginia | 21 U.S.C. § 844 (Cornell LII)
For the full text of the federal simple possession statute, see 21 U.S.C. § 844 (U.S. Department of Justice — official site). For federal sentencing guidelines, see U.S. Sentencing Guidelines (U.S. Sentencing Commission — official site).
In the U.S. District Court for the Western District of Virginia, prosecutors routinely file simple possession charges under 21 U.S.C. § 844 for small quantities of controlled substances. We have observed that the U.S. Attorney’s Office often relies on evidence from traffic stops or airport screenings. Challenging the legality of the search is a common defense strategy.
- Do not consent to any search of your person, vehicle, or property.
- Invoke your right to remain silent and request an attorney immediately.
- Do not answer questions about where you obtained the substance.
- Preserve any evidence that may support your defense, such as a prescription.
- Contact a drug possession defense lawyer Virginia as soon as possible.
- Follow all court orders and attend every hearing.
In Virginia, federal simple possession under 21 U.S.C. § 844 carries a penalty range of up to one year in prison and a minimum fine of $1,000 for a first offense.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| First Offense Simple Possession | Federal Misdemeanor | Up to 1 year | Minimum $1,000 | No direct impact | Supervised release, drug testing, possible loss of federal benefits |
| Second Offense Simple Possession | Federal Misdemeanor | Up to 2 years | Minimum $2,500 | No direct impact | Supervised release, drug testing, possible loss of federal benefits |
| Third or Subsequent Offense | Federal Felony | Up to 3 years | Minimum $5,000 | No direct impact | Supervised release, drug testing, possible loss of federal benefits |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C. brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. The firm has handled numerous federal criminal cases, including simple possession matters, in the U.S. District Court for the Western District of Virginia. A Simple Possession lawyer Virginia from SRIS, P.C. can provide the defense you need.
Bryan Block, Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. Former Virginia State Trooper (15 years). View Bryan Block’s Profile
Law Offices Of SRIS, P.C. has extensive criminal defense experience in Virginia federal courts. Firm-wide across VA, MD, NJ, NY, and DC, the firm has 4,739+ documented results with a 93%+ favorable outcome rate. Results may vary.
Our location in Richmond is approximately 70 miles from the U.S. District Court for the Western District of Virginia in Roanoke, with access via I-64 and I-81. We serve as a Simple Possession lawyer near Virginia for clients across the state. Serving the communities of all Virginia communities. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
7400 Beaufont Springs Drive, Suite 300, Room 395, Richmond, VA 23225
(804) 201-9009 | Toll-Free: (888) 437-7747
By appointment only.
Frequently Asked Questions About Simple Possession in Virginia
What is simple possession under federal law in Virginia?
Yes. Simple possession is the unlawful possession of a controlled substance for personal use, not for distribution. Under 21 U.S.C. § 844, first-time simple possession is a misdemeanor punishable by up to one year in prison and a minimum fine of $1,000. Cases are prosecuted in the U.S. District Court for the Western District of Virginia or the Eastern District of Virginia. A Simple Possession lawyer Virginia can explain the specific charges you face.
Yes. Simple possession under 21 U.S.C. § 844 is a federal misdemeanor carrying up to one year in prison and a minimum $1,000 fine.
How does a Virginia lawyer defend against simple possession charges?
Defense strategies for simple possession in Virginia may include challenging the legality of the search and seizure, examining chain of custody of evidence, negotiating with the U.S. Attorney’s Office, and presenting mitigating factors. An experienced drug possession defense lawyer Virginia evaluates the specific facts under 21 U.S.C. § 841 et seq. to build the strongest possible defense.
What should I do if I am facing simple possession charges in Virginia?
If facing simple possession charges in Virginia, contact a federal criminal attorney immediately. Do not discuss the case with anyone except your lawyer. Preserve all relevant documents and evidence. The statute of limitations and court deadlines under federal law require prompt action. A personal use defense lawyer Virginia can advise on your rights and options.
Can simple possession charges be reduced or dismissed in Virginia?
Yes. In some cases, simple possession charges may be reduced through pretrial diversion programs or dismissed if evidence was obtained unlawfully. The U.S. Attorney’s Office may offer alternatives to prosecution for first-time offenders. A Simple Possession lawyer Virginia can evaluate your case for these possibilities.
What are the penalties for federal simple possession in Virginia?
Under 21 U.S.C. § 844, first-time simple possession carries up to one year in prison, a minimum fine of $1,000, and a term of supervised release. Subsequent offenses carry higher penalties. Federal sentencing guidelines apply, and there is no parole in the federal system. A drug possession defense lawyer Virginia can explain the specific penalties for your situation.
For more information on federal criminal defense in Virginia, visit our Conspiracy to Commit an Offense lawyer Virginia page. You may also find our Conspiracy to Commit an Offense lawyer Albemarle County and Conspiracy to Commit an Offense lawyer Augusta County pages useful. For related practice areas, see Corporate Compliance Lawyer Virginia and Consumer Protection Lawyer Virginia.
Last verified: April 2026