What is Simultaneous Possession of Drugs and Firearms?

In Arkansas, drug-related criminal charges are among the most serious offenses you can face. A conviction can lead to steep fines, years in prison, and long-term consequences that can follow you for the rest of your life.

But when drug charges are combined with other serious offenses, like firearm possession, the legal consequences become even more severe.

One such combination is simultaneous possession – a specific offense under Arkansas law that carries harsh penalties. Let’s break down what this charge means and what you should do if you’re facing it.

What Is Simultaneous Possession in Arkansas?

Simultaneous possession occurs when someone is found in possession of both a firearm and a felony-controlled substance at the same time.

Key points about the simultaneous possession law include:

• Applies only to felony drug offenses: If you are caught with drugs classified as misdemeanors, you cannot be charged with simultaneous possession.
• Possession is enough: Even if the weapon is not displayed, used, or intended to be used, having it in your possession while also possessing a felony-controlled substance violates Arkansas law.

Being convicted of simultaneous possession in Arkansas is a Class Y felony, the most serious felony classification in the state.

What Does the Arkansas Simultaneous Possession Law Say?

To be charged with simultaneous possession, the following criteria must be met:

1. Felony Drug Violation: The individual must be in possession of a felony-controlled substance, violating Arkansas’s drug laws.
2. Weapon Possession: The person must also possess a firearm or another weapon capable of causing serious harm or death.

This law underscores the severity of combining drug-related offenses with firearm possession, as the state treats it as a heightened risk to public safety.

Do All Simultaneous Possession Cases Lead to the Same Penalties?

No, the penalties for simultaneous possession can vary depending on the specifics of the case. Factors that may influence the severity of the charges include:

• The type and amount of drugs in your possession.
• Whether the drugs in question are classified as felonies or misdemeanors.
• The presence of additional charges or aggravating circumstances.

For instance, if the controlled substances are considered misdemeanors, you cannot be charged with simultaneous possession, though you may still face other legal consequences.

Am I Automatically Going to Jail If Charged with Simultaneous Possession?

Not necessarily. While the charge is serious, the outcome depends on the specific circumstances and the strength of your legal defense.

A skilled attorney can:

• Analyze the details of your case to identify potential defenses.
• Challenge the evidence presented by law enforcement.
• Work to have charges reduced or dismissed where possible.

Law enforcement officials are not infallible, and procedural errors, unlawful searches, or other missteps could play a critical role in your defense.

What Should You Do If You’re Charged with Simultaneous Possession? 

If you’re facing simultaneous possession charges, your first and most important step is to consult with an experienced attorney.

Here’s what you need to know:

1. Do Not Speak Without Legal Representation: Refrain from speaking to law enforcement until your attorney is present. Even casual conversations can unintentionally incriminate you.
2. Find the Right Legal Team: Seek lawyers with experience in Arkansas’s drug and firearm laws, particularly simultaneous possession cases.
3. Stay Calm and Take Action: Panic won’t help, but taking prompt action to secure legal counsel will.

At Digby Law Firm, we’re committed to providing expert legal representation to clients facing drug and firearm-related charges. Our trial-tested attorneys understand Arkansas’s simultaneous possession laws inside and out, and we’re here to help you build the best possible defense.