Facing drug charges is an extremely difficult experience, in part because there is a wide range of potential outcomes. A Marietta drug crimes attorney at Waid Law Firm, LLC can work to achieve the best possible outcome in your case.
If you have been arrested for a drug crime and wonder what your potential penalty is, your Mariet ve you a clear answer. This is because Georgia law punishes drug crimes on a sliding scale, and it can impose additional penalties when there are certain factors present.
If you have been arrested on a drug charge, time is of the essence. Schedule a free initial consultation with attorney Addison Waid by calling us today at 470-458-9866 to discuss your case.
Penalties for Drug Crimes Depend on the Facts and Circumstances of Your Situation
Penalties for drug crime convictions in Georgia depend on the following:
- The nature of the substance alleged to be involved: Drugs are classified in categories based on their danger and lethality. Certain drugs like heroin are categorized as Schedule I, and convictions for crimes relating to these substances carry tougher penalties.
- The amount of the substance at issue: The amount of the drug that you are alleged to have possessed, sold or manufactured can also determine the severity of the charges. For example, marijuana possession of less than one ounce is considered to be a misdemeanor. If the prosecutor alleges that you possessed more than that amount, the charges will rise to a felony.
- Whether there are other aggravating factors, such as the use of a firearm or someone else being injured: The sentence can be enhanced if there are other aggravating factors present. For example, if prosecutors allege the use or possession of a firearm in connection with a drug crime, the crime will be charged as a much more serious felony (as it is its own separate crime)
- Whether it was a first or subsequent offense: Depending on the crime that is charged, there is an enhanced penalty if this would be your second offense. For example, certain criminal offenses involving schedule one substances that could ordinarily result in a jail sentence of five to 30 years may now mean that you face a sentence of 10 to 40 years in prison.
Certain Drug Crimes Carry More Severe Sentences
While every drug crime is a serious legal matter, there is a difference in how possession and trafficking will be treated. Marijuana possession is charged as a misdemeanor (assuming that the amount of the substance at issue is less than a certain threshold). However, if the substance involved in your case is something like cocaine or heroin. Even possessing less than one gram could lead to a jail sentence of one to three years.
If you are found to be in possession of a large quantity of drugs, you could be charged with possession with intent to distribute. Drug trafficking is one of the most serious crimes in Georgia, and it can mean a mandatory jail sentence. For example, cocaine trafficking is punished with a minimum of 10 years in prison. Again, the exact sentence will be determined in part by the amount of drugs allegedly involved. Within these sentencing ranges, the judge has discretion to impose a lesser or harsher sentence based on how they perceive the facts of your case.
Drug Court May Be a Possibility
First-time offenders and those who have been charged with certain non-violent drug crimes may be eligible for pretrial diversion (granted by the prosecutor) or drug court. Both Fulton and Cobb Counties have distinct drug courts that handle these cases. If you successfully complete all of the conditions, you may be eligible to have the charges against you dismissed. Details of your case may be entirely restricted from public view (previously referred to as expungement).
Requirements of the drug court may include:
- Successfully completing a substance abuse treatment program
- Paying a fine
- Performing community service
- Undergoing regular drug or alcohol screening
Even if you meet the requirements to have your case heard in drug court, it is not an automatic result to which you are legally entitled. Your Marietta drug crimes attorney may need to negotiate with the prosecutor to obtain this result in your case.
Contact a Marietta Drug Crimes Law Firm
Addison Waid is a capable criminal defense attorney who has previous experience as a prosecutor, which he will draw upon in your case. You can learn more about what you may be facing by scheduling a free initial consultation with Waid Law Firm, LLC, which you can do by visiting our website or calling us today at 470-458-9866. Do not take any chances with your future.
