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When is a Drug Crime a Felony in Georgia?

If you are facing drug charges in Georgia, you may be concerned about the severity of the sentence that you are facing. The length and severity of your sentence will be determined in large part by the classification of your charges as a misdemeanor or a felony. If you are facing felony drug charges in Georgia, you are right to be worried. Felony drug charges can carry penalties of up to 30 years in prison, so it is critical to understand the charges against you and do everything that you can to advocate for yourself. One of the best ways to defend yourself in court is to hire an experienced Georgia criminal defense lawyer to represent you.

Understanding Controlled Substances

Controlled substances are divided into five categories, known as schedules. Schedules range in severity, with Schedule I drugs having a high potential for abuse and no medical benefit and Schedule V drugs having the lowest potential for abuse and some medical use. Heroin, LSD, and ecstasy are examples of Schedule I drugs. Possession or sale of schedule I drugs carry the harshest penalties.

Felony Drug Crimes in Georgia

In Georgia, possession of less than a gram of Schedule I drugs and narcotic Schedule II drugs are felony drug charges that can carry a sentence of one to three years in jail. Possession of one to four grams of these substances can result in a sentence of up to eight years in jail. Possession of up to 2 grams of non-narcotic schedule II substances is also a felony charge resulting in one to three years in prison. Up to four grams of these substances can result in an eight-year jail sentence. The penalties for all these substances continue to increase as the quantity of the substance in the individual’s possession increases. If you are found in possession of an ounce or more of marijuana, this is also a felony charge which can carry one to 10 years in prison and a fine of up to $5,000.

How a Criminal Defense Lawyer Can Help

A Georgia criminal defense lawyer will fight to get the charges against you dropped or reduced. Your lawyer will determine the best defense strategy based on the unique facts and circumstances of your case. Your lawyer may be able to get the charges against you dropped if serious procedural errors were made in the case or with regard to your arrest. In some cases, such as where the police lacked probable cause to conduct the search leading to the drug evidence, your lawyer may be able to get the drug evidence in your case excluded, which may also result in the charges against you being dismissed. In some cases, your lawyer may be able to negotiate a plea bargain with the prosecution. This agreement will allow you to plead guilty or no contest to a lesser charge or in exchange for more lenient penalties. In some cases, your lawyer may be able to plead a felony charge down to a misdemeanor.

Contact Ghanayem & Rayasam in Atlanta and Schedule a Consultation Today

If you are facing felony drug charges in Georgia, contact the experienced criminal defense attorneys at Ghanayem & Rayasam. We will fight to get the charges against you dropped or reduced. Contact Ghanshyam & Rayasam today to schedule a consultation.