If you are facing a serious charge like drug possession with intent to distribute a controlled substance you may feel like you have already been judged. You might feel like no one in the system is on your side. Anyone caught in the North Carolina criminal court system would be uncomfortable and scared, and facing a felony drug charge and prison time if convicted is a life changing event.
The drug laws in North Carolina are often applied selectively and unfairly, and it takes an experienced criminal drug defense lawyer to make sure you are treated fairly under the law. You are innocent until proven guilty under the law, and we never forget that.
Our only job is to defend you against a system that seems stacked against you. And we know, how to do ti, having fought many drug charges like yours before. We know that charges like possession with intent should not be taken lightly and that you deserve to have quality representation when you are in court.
Perhaps you weren’t intending to distribute anything, but only had drugs for personal use. Or maybe you have been wrongly accused, and happened to be in the wrong place at the wrong time. Or you realize you made a mistake and just want to put it behind you, we will still fight for fair treatment.
Regardless of the circumstances, the government has an obligation to follow proper laws and procedures, for the protection of all citizens. Whatever the case, we want to help.
We will fight for you every step of the way. We will file motions to suppress, pursue independent investigations to get to the facts, and challenge the prosecution every step of the way. A serious felony drug charge defense requires nothing less.
In any case, please contact us and take advantage of our free consultation on any drug possession, intent to distribute, or related charge.
Penalties for Drug Possession with Intent to Distribute in North Carolina
Drug Classifications
Drug “schedules” are a way for the courts to categorize controlled substances by dangerousness or the risk of addiction and dependency. The higher the risk for dependency is, the harsher the penalty will be.
Schedule I drugs include those that are the most dangerous and have a high risk of addiction or dependency and no legitimate medical use. Drugs included under this heading include LSD, ecstasy, heroin, and mescaline.
Schedule II substances still have a high risk of abuse but may have legitimate medical uses. These include things like opium, cocaine, methadone, methamphetamines, and amphetamines.
Schedule III drugs are slightly less dangerous than Schedule II substances, but still have a moderate risk of abuse. Schedule III substances include anabolic steroids, testosterone, ketamine, and some depressants.
Schedule IV drugs have a slight risk of dependency and have very acceptable medical uses. Some Schedule IV drugs are valium, xanax, tranquilizers, and sedatives.
Schedule V substances have a very low risk of dependency and include things like Tylenol with Codeine.
Schedule VI substances, like schedule V, have no medical use and a very low risk of dependency. Marijuana is included in this schedule.
What is Considered Intent to Deliver under NC Drug Laws?
You can be charged with intent to deliver, regardless of the amount drugs you have in your possession. If you are found in possession of items typically used in the sale or delivery of controlled substances your charge may be elevated to possession with intent. Any items or circumstances that the police and prosecutors may interpret as “intent” could land you with this charge. It could include common household items, including can be scales, baggies, or just cash in certain denominations and arrangements.
The charge is often overused, and we frequently argue for a reduction of the charges back to simple possession. Getting a felony drug offense reduced to a misdemeanor is a good start in your defense.
Drug Possession w/Intent to Distribute – Penalties
A drug sentence depends on what the substance was that you were caught with and if you have any prior criminal history or convictions.
The following chart gives you an idea of what the potential sentence would be for first time offenders being charged with possession with intent to distribute a controlled substance.
| If the substance was:
Schedules I or II (Class H felony) Schedule III, IV, V, or VI (Class I felony) |
The sentence could be:
|
Example Substances
|
Also see our Marijuana possession charges w/intent for marijuana penalties.
Ref: NCGS 90-95
If, however, you have any prior convictions on your record, your sentence for this offense could be multiplied many times.
Free consultation on NC Felony Drug Possession Laws
When facing such serious drug charges and risk of life changing penalties, the best course of action is to find the best drug defense lawyer in North Carolina you get can.
We are interested in representing you and ensuring that your interests are looked after at every stage of the process. We will try to prove our skills and experience to you in a free case evaluation on your charges. You’ll get an opportunity to find out what you are up against, and what we think the best options are in defending you.
Call for a consultation on your possession with intent to distribute case today.