A drug crime charge of any type can be costly and can have a negative impact on your future, including your civil liberties. You need to know what you are facing, and to obtain the guidance on how to proceed that you can only get from experienced legal counsel. If you are facing a drug charge in Charlotte, King Law is standing by to assess your case and help you achieve your best possible legal outcome.
Charlotte Drug Crime Defenses
If you have been arrested for or are under investigation for a drug crime, it is important that you know that a conviction is not a given. The prosecution has to prove every element of the charge(s) in order to convict you of the crime. When you have an experienced drug crime defense lawyer on your side, you are better able to see the strengths and weaknesses in your case. Your lawyer can challenge the evidence they have against you and can work to fight to get your charges reduced or even dismissed.
If your case does move forward, some of the points in your case that can be disputed include:
- Your intent to sell or deliver drugs
- Possession of drugs
- The quantity of drugs and their authenticity
- How reliable the witnesses are
- The chain of custody for the drugs
When you work with an experienced Charlotte drug crime legal team, you will find that you have a collaborative team of skilled lawyers who can discuss your case and develop different angles of a defense strategy to fight for a chance at getting your charges reduced or dismissed. We will aggressively fight for your most favorable legal outcome and advise you as to whether to accept a plea bargain or proceed forward to a trial.
Penalties for Charlotte Drug Crimes
The penalties for drug crimes in Charlotte will range in severity depending on the type and quantity of drugs involved at the time of your arrest. The King Law drug crime lawyers have been successful in fighting a variety of drug crimes, including those involving marijuana, cocaine, methamphetamine, heroin, ecstasy, and others.
In Charlotte, North Carolina, it is illegal to possess, manufacture, deliver, sell, or possess with the intent to sell and deliver a controlled substance. The legal term ‘controlled substance’ is defined as various illegal drugs that are categorized by Schedule type according to their potential for abuse and addictive qualities as well as their danger to the user. Drug classifications are organized according to the following Schedules:
- Schedule 1: Heroin, LSD, methaqualone, GHB, ecstasy, opiates, and peyote.
- Schedule 2: Cocaine, raw opium, opium extracts, codeine, morphine, hydrocodone, methamphetamine, methadone, and Ritalin.
- Schedule 3: Anabolic steroids, ketamine, and some barbiturates.
- Schedule 4: Valium, Xanax, Darvon, Rohypnol, barbital, and clonazepam.
- Schedule 5: Over-the-counter cough medicine that is mixed with codeine and similar medications.
- Schedule 6: Marijuana, hashish, and hashish oil.
Sentencing guidelines under North Carolina law include the following penalties for possession, distribution, and/or manufacturing of controlled substances depending on the quantity and type of drug:
Misdemeanor Possession of Marijuana
Penalties for a misdemeanor marijuana charge will depend on the quantity of marijuana in your possession at the time of your arrest. Penalties range from 20 days in jail for a Class 3 misdemeanor to 120 days in jail for a Class 1 misdemeanor.
Misdemeanor Possession of Paraphernalia
Possession of paraphernalia charges apply to anything that is used to grow, manufacture, test, sell, or transport illegal drugs. It also includes scales, baggies, pill bottles, grow lights, as well as anything used to consume illegal drugs including bowls, pipes, bongs, hookahs, and syringes. It is charged as a Class 1 misdemeanor that carries a penalty of up to 120 days in jail.
Penalties for Various Schedules and Selling of Drugs
Below are the penalties for more straightforward charges without much variance, including Schedule specific charges, charges for intent to sell, and felony charges for specific drugs.
- Misdemeanor Possession of Schedule 5 Drugs: Possession of Schedule 5 drugs is charged as a Class 2 misdemeanor that carries a penalty of up to 60 days in jail.
- Misdemeanor Possession of Schedule 2 to 4 Drugs: Possession of Schedule 2 through Schedule 4 drugs is a class 1 misdemeanor that carries a penalty of up to 120 days in jail.
- Felony Possession of Marijuana: Possession of a quantity of 1.5 ounces of marijuana or more is a Class I felony that carries a penalty of up to 24 months in prison.
- Possession of a Schedule 1 Drug: Possession of a Schedule 1 drug is classified as a Class I felony that carries a penalty of up to 24 months in prison.
- Sales of Schedule 1 or 2 Drugs: The sale of Schedule 1 or Schedule 2 drugs is classified as a Class G felony that carries a penalty of up to 47 months in prison.
- Sales of Schedule 3 through 6 Drugs: The sale of Schedules 3 through 6 drugs is classified as a Class H felony that carries a penalty of up to 39 months in prison.
- Possession with Intent to Sell Schedule 3 through 6 Drugs: Possession with intent to sell Schedules 3 through 6 drugs is a Class I felony that carries a penalty of up to 24 months in prison.
- Possession with Intent to Sell and Deliver or Sale of Counterfeit Drugs: Possession with intent to sell and deliver or sale of counterfeit drugs is a Class I felony that carries a penalty of up to 24 months in prison.
- Manufacture of Methamphetamine: Manufacturing methamphetamine is a Class C felony that carries a penalty of up to 231 months (19.25 years) in prison.
If you have been arrested for drug crimes in Charlotte, North Carolina, you need the guidance of an experienced Charlotte drug crime attorney who can help you avoid the negative consequences that can have a long-term impact on your future. When you face drug charges with an experienced drug crime lawyer, you have a better chance of having your charges reduced or dropped.
Consult an Experienced Charlotte, North Carolina Drug Crime Lawyer at King Law
If you are facing charges of drug crimes in Charlotte, North Carolina, it is imperative that you consult with one of our experienced Charlotte drug crime attorneys at King Law. We are experienced at assessing drug crime cases from every perspective and navigating the legal system in a manner that can give you your best chance of a more favorable outcome. If the prospect of the negative repercussions of your drug crime charge is overwhelming, see what type of strategic defense we can build for you.
The legal team at King Law knows what is at stake concerning your future when faced with a conviction for a drug crime. Let our collaborative legal team perform an assessment of your case and develop a strong defense strategy that will best protect your rights and freedom. You can speak to an experienced Charlotte criminal defense lawyer by calling (888) 748-5464 (KING) or filling out our contact form today.