How to Deal with a Charge of Distributing or Selling Drugs

Leah Davis Madden • June 16, 2023
Georgia Criminal Defense Attorneys

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.



Request a Consultation

Georgia Criminal Law Blog

Criminal defense attorney in Atlanta, Georgia

Caught Stealing in Georgia? What to Expect from a Theft Charge in Atlanta

By Leah Davis Madden • June 2, 2025
No matter how minor a theft charge may seem, it can have severe consequences. From fines to imprisonment, the impact on one’s future can be profound. Experience, expertise, and understanding can make a significant difference in the outcome of such a case. A criminal lawyer in Atlanta can offer much-needed assistance at this critical time. 
Criminal defense attorney in Atlanta, Georgia

How Georgia Law Defines Felony Obstruction of Law Enforcement

By Leah Davis Madden • May 16, 2025
Amid a myriad of challenges linked with the potential legal consequences of offenses such as drunk driving, sex-related crimes, murder, assault, armed robbery, and more in Atlanta, Georgia, one considerably significant criminal charge often overlooked is the felony obstruction of law enforcement. Understanding this charge is crucial for ensuring that those accused navigate the complex legal landscape effectively. 
Criminal defense attorney in Atlanta, Georgia

Appealing a Conviction in Georgia: Why the Notice of Appeal Matters

By Leah Davis Madden • May 2, 2025
If you or a loved one has recently been convicted of a crime in Georgia, you might be contemplating whether to appeal the verdict. Hiring an experienced Criminal Lawyer in Atlanta is the first step towards successfully navigating the complex appeals process. This article provides a comprehensive guide on why the Notice of Appeal matters and vital tips to bear in mind. 
Criminal defense attorney in Atlanta, Georgia

How RICO Charges Differ from Other Criminal Offenses in Georgia

By Leah Davis Madden • April 16, 2025
At Davis Madden & Associates, P.C. , we provide experienced, dedicated representation for a wide variety of criminal charges, including those under the Racketeer Influenced and Corrupt Organizations Act (RICO). The RICO law is complex and far-reaching, affecting a much broader range of criminal activity than the average person might expect, and it differs significantly from other criminal offenses in Georgia.
Criminal defense attorney in Atlanta, Georgia

Legal Options After Conviction: Understanding the Motion for a New Trial Process

By Leah Davis Madden • April 2, 2025
People accused of crimes such as drunk driving, sex crimes, murder, assault, and armed robbery often feel overwhelmed by the criminal justice system, especially after a conviction. This fear stems from a lack of understanding about the legal options available to them. One of these options is seeking a motion for a new trial - a legal provision that can be lifesaving. As experienced Criminal Lawyers in Atlanta, we at Davis Madden & Associates, P.C. are committed to helping you understand this process comprehensively. 
Criminal defense attorney in Atlanta, Georgia

Caught with Drugs in Atlanta? Understanding Intent to Distribute vs. Simple Possession

By Leah Davis Madden • March 17, 2025
As a resident of Atlanta or Georgia, being charged with a drug crime can be a disconcerting experience. In such situations, you need a criminal lawyer in Atlanta with the expertise and dedication to work the case on your behalf. One aspect you need to understand in a drug case is the difference between 'intent to distribute' and 'simple possession' charges. 
Criminal defense attorney in Atlanta, Georgia

What Happens If You’re Charged with Criminal Damage to Property Under $500 in Atlanta?

By Leah Davis Madden • March 3, 2025
Being charged with a crime such as Criminal Damage to Property Under $500 can be intimidating, especially without a comprehensive understanding of the Atlanta legal system. Navigating this process can be complex, it's important to understand each step and possible outcomes. Knowing about the role and potential support of a Criminal Lawyer, particularly in Atlanta, can be significantly helpful during this stressful time. 
Criminal defense attorney in Atlanta, Georgia

Facing a Kidnapping Charge in Georgia? Here’s What You Need to Know

By Leah Davis Madden • February 17, 2025
Kidnapping is a serious charge in Georgia, carrying severe penalties and long-lasting consequences. If you or someone you know is facing a kidnapping charge, it’s essential to understand the legal definition, possible defenses, and how a skilled criminal lawyer in Atlanta can help protect your rights. 
Criminal defense attorney in Atlanta, Georgia

Felony vs. Misdemeanor: Understanding Criminal Charges in Atlanta

By Leah Davis Madden • February 3, 2025
Navigating the criminal justice system can be overwhelming, especially when facing charges categorized as felonies or misdemeanors. Understanding these terms and their implications is crucial for anyone involved in a legal case. Below, we break down the key differences, penalties, and how a criminal lawyer can make a significant difference in your case.
Criminal defense attorney in Atlanta, Georgia

Steps to Take If Charged with Family Violence Battery in Atlanta

By Leah Davis Madden • January 16, 2025
Family violence battery in Atlanta is a serious criminal offense that comes with harsh penalties. As a firm specializing in criminal law, our team at Davis Madden & Associates has devised this comprehensive guide to help you grasp the steps you should take if you or your loved one has been charged with this crime. Each step is designed with an understanding of the criminal justice system, providing you with invaluable guidance during a daunting time. 
More Posts