If you are facing drug charges, understanding that there are different levels of drug crimes is important for your defense and your future. Not all drug crimes are the same, with some carrying harsher penalties than others. Learning about what you’re accused of is the first step to making smart decisions about your case. Make sure to contact a Norcross criminal defense lawyer for more information.
Possession of a Controlled Substance
A possession charge means you’re accused of having possession or control over an illegal substance or a substance you’re not permitted to have. The drugs do not have to be in your pockets or your hands for you to be arrested and convicted. It’s enough if the drugs are in your belongings or even just near you in some cases. The law looks at whether you had ownership or could control the drugs. This is called constructive possession.
For example, if police find drugs in your nightstand or under your seat in a car you are driving, you might still be charged with possession.
Possession with Intent to Distribute
A charge of possession with intent to distribute means that police believe you not only had drugs but that you planned to give or sell them to someone else. This intent might be shown by the amount of drugs, how the drugs were packaged, the presence of scales or baggies, or text messages suggesting you were going to sell it. You do not have to actually be caught selling drugs to be charged and convicted under this statute.
Drug Trafficking
Trafficking means you are moving or selling drugs, similar to possession with the intent to distribute, but the amount of drugs is usually significantly higher. The same is true here as it is for intent to distribute – you can be arrested and convicted solely based on possessing a certain amount of a substance. For example, if you possess 28 grams or more of cocaine, you can face a trafficking charge
Penalties of Drug Offenses
The penalties for drug charges in Georgia depend on how the drug is classified under federal and state law. These classifications are called “schedules.” Schedule I and II substances are seen as the most dangerous, so crimes involving them usually receive stronger punishment than for lower schedules.
Many drug offenses carry mandatory minimum sentences. For example, if you have between 28 and 200 grams of cocaine, you are looking at a mandatory 10 years in prison. Generally, the more drugs you have, the more severe your sentence is.
Trafficking and intent to distribute will come with harsher penalties than simple possession of a controlled substance.
Aggravators That Increase Penalties
In some cases, you’ll face harsher penalties than the standard ones because aggravating factors are involved. These aggravating factors include:
Firearms Involved
The law comes down especially hard on people caught with a firearm while committing a drug crime, even if the weapon was never used. For example, being caught with a handgun during a drug deal can add years onto any sentence given for the drug offense itself.
Protected Zones
Certain areas have extra legal protection. These include places like schools, city parks, and government housing. If someone is arrested for a drug crime – especially if it has to do with selling drugs – in or near these locations, the penalties are going to be more severe. Selling drugs within so many feet of a school could lead to double the regular time you would have otherwise received, even for a first offense.
Prior Convictions
Getting convicted after already having one or more serious convictions also increases the penalties you’re facing. If someone has a history with law enforcement, habitual offender laws will affect their future cases.
No matter what type of drug charge you’re facing, you should take it seriously. Our team can help you fight back against these charges. Contact us today to schedule a free consultation with a Norcross drug crime defense lawyer.