How to Deal with a Charge of Distributing or Selling Drugs

How to Deal with a Charge of Distributing or Selling Drugs

(Atlanta, GA)

If you are facing drug-related charges, competent legal representation will help you avoid a harsh sentence. Remember, drug possession and possession with intent to distribute are considered different crimes. Additionally, a charge is different from a conviction.



Potential Penalties for Drug Distribution Offenses

Specific convictions and sentences depend largely on the type of drugs you’re charged with possessing and/or distributing. The Georgia Controlled Substances Act categorizes illegal drugs as follows:

Schedule I drugs

Examples of Schedule I substances are heroin, hallucinogenic mushrooms, peyote, LSD, methaqualone, and cannabis. A first conviction can attract a prison sentence of 5 to 30 years. Subsequent offenses carry heavier penalties of 10 to 40 years, or a life sentence.   

Schedule II drugs

Schedule II drugs include cocaine, fentanyl, oxycodone, Ritalin, methamphetamine, Adderall, Dexedrine, morphine, raw opium, and methadone. The possible sentences for their possession and distribution are similar to those of Schedule I drugs.

Schedule III substances are not as addictive as Schedule I and Schedule II drugs. Examples are ketamine, testosterone, and anabolic steroids. Schedule IV drugs include Xanax, Valium, and Tramadol. Schedule V substances such as Motofen and Lomotil have the lowest risk of addiction.

Possession with intent to distribute Schedule III to V substances can attract a jail sentence of 1 to 10 years. Drug-related felonies committed within 1,000 feet of schools, parks, and other drug-free zones attract additional penalties.

Practical Defenses Against Possession with Intent to Distribute Charges

Potential defenses against drug-related offenses include:

Lack of intent: This defense places the burden of proof on the prosecution. You have a high chance of success if your lawyers can prove the drugs were for your personal use and not distribution. 

Unlawful search: If your attorney can prove the violation of your Fourth Amendment rights, any materials seized during the illegal search may be suppressed. The entire case might consequently be dismissed for lack of evidence.



Entrapment: This defense is applicable if police officers or other government-affiliated individuals trick you into participating in a crime you wouldn’t have committed otherwise. 

While much harder to prove, there have been instances of law enforcement officers or malicious individuals planting controlled substances on innocent people. This defense might work if you have a strong alibi to corroborate your innocence.

Hire a Qualified Lawyer Today

At Davis Madden & Associates, P.C., we offer our clients the highest quality legal services. Our competent and experienced lawyers will use their comprehensive knowledge of state and federal drug laws to help you overcome your legal challenges. Please schedule a consultation today for more details.

The material provided on this blog site does not/is not intended to constitute legal advice. All content is for general information only.