Often referred to as a victimless crime, drug possession is a fairly common charge in the state of North Carolina. But a drug possession charge is still considered a pretty serious offense, and is often aggressively prosecuted.
If you were caught with a small amount of drugs, whether it was marijuana or prescription drugs, you are probably concerned with how this will affect your life. In the short term, these types of charges can be a real headache. You face multiple court dates, and some difficult decisions.
You may feel like no one is on your side and that you have no chance of getting a favorable outcome in court. As knowledgeable drug defense attorneys in North Carolina with plenty of experience on our side, we can honestly say you don’t have to do it alone.
Choosing an attorney who has handled other possession cases is important. But, finding an attorney who is just as concerned about your case is vital. We provide that personal advocacy. We believe your side should be heard and we want to be the firm to help. Call us to find out exactly what we can to to help you with any North Carolina drug offense.
North Carolina Drug Classifications
How you are charged depends largely on what type of substance was found in your possession. The federal government adopted a classification system based on “schedules”. North Carolina statutes revolve around these schedules.
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.
North Carolina Drug Possession Penalties
The following chart represents your potential sentence if you are charged with a first offense drug possession charge under North Carolina drug laws. Also see my separate marijuana possession penalties page.
| If the substance or drug is:Schedule I-Class I felonySchedule II- Class 1 misdemeanorSchedule III- Class 1 misdemeanorSchedule IV- Class 1 misdemeanor
Schedule V- Class 2 misdemeanor Schedule IV- Class 3 misdemeanor |
Then the potential sentence is:
|
Ref: NCGS 90-91
Can I Beat A Drug Possession Charge in North Carolina?
It is possible, yes. We can file motions to suppress any evidence against you and argue illegal search in many circumstances. Police often make mistakes in drug arrests, and a good defense attorney can spot any errors in police procedures, whether from the police report, other evidence, or from officer testimony provided in motion hearings. We will fight tirelessly to protect you and always believe that you are innocent until proven guilty by a criminal court of law.
In other cases, our attorneys will negotiate hard to get you the best deal possible. Only an experienced defense attorney who has handled many drug cases in NC courts probably knows a good deal from a bad deal. It all depends on the facts of the case, the court itself, and the tendencies of the particular prosecutor and judge.
During your free consultation, we recommend that you ask us how many drug case we’ve handled like yours, and what you can reasonably expect for an outcome -best case and worst case. An attorney who can’t answer that question is probably not the best defense drug possession defense attorney for you.
What Can I Expect if We Work Out A Deal?
It really depends on the specific facts of your case, but in most possession cases the court is lenient to first time offenders. The judge may agree to an option of attending treatment, serving probation, or just a warning for your first offense. An experienced defense attorney can be a huge asset in arguing on your behalf.
We want to help you get the most favorable result in court and have years of experience doing the same for clients just like you. Call us now for a consultation on your possession case and let us hear your side of the story.