Drug crimes are serious. Prosecutors will work to convict a suspect and secure the most severe punishment available under law. A conviction could mean a lengthy prison sentence, hefty fines, and other legal, personal, and financial consequences.

Have you been charged with a drug crime in Hendersonville or Columbus, NC? If so, it’s time to begin working on your defense. Sheffron Law is here to advocate for your rights and seek the most optimal outcome to your drug charges.

Schedules of Drugs in North Carolina

North Carolina recognizes six different schedules or categories of drugs. Knowing these is key to understanding your potential criminal penalties, because the schedule of drugs in your case will impact your sentencing. The six schedules are:

  • Schedule I: These are drugs with a high potential for abuse and addiction, and with no accepted medical uses. Examples include heroin, ecstasy, opiates, and peyote.
  • Schedule II: These also have a high probability of abuse and addiction but also some accepted (albeit very restricted) medical uses. Some examples are cocaine, opium, morphine, codeine, methamphetamine, and Ritalin.
  • Schedule III: Next are Schedule III drugs, which have some risk of dependency and abuse but also medical uses. Anabolic steroids, Ketamine, and certain barbiturates are examples.
  • Schedule IV: These have a low potential for abuse and addiction, along with accepted medical uses. Among the Schedule IV drugs are Xanax, Valium, Rohypnol, and Barbital.
  • Schedule V: With even lower dependency and abuse risks, and also with medical uses, Schedule V drugs include over-the-counter cough medicines with codeine.
  • Schedule VI: These are the lowest in terms of addiction and abuse risk, but with no accepted medical use. They include marijuana, hashish, and hashish oil.

The Most Common Types of Drug Crimes

There are various offenses under both state and federal law pertaining to drugs. Some of the more commonly charged crimes in Hendersonville and Columbus, NC include:

Simple possession

Possession of a controlled substance is prohibited under N.C. General Statute 90-95(a)(3). A defendant can face conviction if they knowingly possess a controlled substance as defined in the law. The punishment varies by schedule and amount of drugs, generally as follows:

  • Schedule I drugs: This is a Class I felony punishable by up to 24 months in prison.
  • Schedule II, III, and IV drugs: Possession of certain amounts (which vary by drug) is a Class I felony, with up to two years in prison. If the amount is less than that required for a felony, it will be a Class 1 misdemeanor with up to 120 days in jail.
  • Schedule V drugs: This is a Class 2 misdemeanor, punishable by up to 60 days in jail.
  • Schedule VI drugs: This will likely be a Class 3 misdemeanor leading to 20 days in jail. However, having between 1.5 ounces and 10 pounds of marijuana is a Class I felony.

Possession with intent

In contrast to simple possession, this category of drug crimes applies if the defendant knowingly possesses a controlled substance and has the intent to manufacture, sell, or deliver the drug. As with simple possession, the type of drug involved makes a difference:

  • Schedule I and II drugs: Class H felony, with a prison sentence of up to 39 months.
  • Schedule III through VI drugs: Class I felony, up to 24 months in prison.

Sale or delivery

It is a crime for a person to knowingly sell or deliver a controlled substance to another person. The punishment depends on whether the person sold or delivered the drugs, and the Schedule makes a difference:

  • Sale of Schedule I or II drugs: This is a Class G felony with up to 47 months in prison.
  • Sale of Schedule III through VI drugs: Class H felony, with a prison sentence of up to 39 months.
  • Delivery (all Schedules): Class H felony, with a prison sentence of up to 39 months.

Manufacture of a controlled substance

A person is guilty of a felony in North Carolina if they knowingly manufacture a controlled substance. A conviction means prison as follows:

  • Methamphetamine: Class C felony, punishable by up to 231 months in prison.
  • Schedule I and II drugs (other than methamphetamine): Class H felony, with a prison sentence of up to 39 months.
  • Schedule III through VI drugs: Class I felony, up to 24 months in prison.

Drug trafficking

Drug trafficking means that a person knowingly does one of the following with a controlled substance:

  • Manufactures, sells, delivers, transports, or possesses, or
  • Conspires to manufacture, sell, deliver, transport, or possess (selling or delivering must be to another person)

There are various minimum quantities that make the offense drug trafficking, depending on the type and amount of drug. For example, to be considered trafficking marijuana, the amount must be in excess of 10 pounds. For heroin, it can be as little as 4 grams.

Unlike other drug crimes, the sentencing of which may depend on the defendant’s prior criminal history, trafficking imposes certain mandatory minimum prison sentences. For more information, ask a skilled criminal defense attorney serving clients in Hendersonville and Columbus, NC.

Fines for Drug Crimes

A defendant could also face fines, which vary based on the specific criminal charges. A Class 3 misdemeanor, for example, may land a defendant with a $200 fine. On the other end of the spectrum, selling or manufacturing heroin can mean a fine of $1,000,000.

Because of the wide variation of potential fines, it’s a good idea to ask an attorney about the fines that the court may order you to pay upon conviction.

Common Defense Strategies

North Carolina’s drug laws are complex. The difference between a misdemeanor and felony can often hinge on the type and quantity of drugs. Whether the prosecution can secure a conviction depends on their ability to prove all necessary elements beyond a reasonable doubt.

The exact defense strategy available to you will depend on the specific facts in your case. A criminal defense lawyer representing clients in Hendersonville and Columbus, NC may use one or more of the following defenses:

  • Disputing the elements of the crime: Much of the statutory language of drug crimes speaks of knowledge and intent. If it can be shown that there is little or no evidence to prove the basic elements of the offense, you could defeat the charges.
  • Disputing the amount or type of drug: The amount of the drug can make a difference in the defendant’s sentence. So, too, can the type and Schedule of the drug. Mistakes about either could affect the outcome of your case.
  • Challenging the search and seizure: Police are bound to observe certain constitutional norms when it comes to searching for and seizing drugs. Lack of a warrant, lack of probable cause, illegal traffic stops, and illegal searches all open the door to challenges.
  • Raising chain of custody issues: The prosecution must sufficiently document each step in the chain of custody, from seizing the drugs to presenting them as evidence in court. Documentation gaps, mishandling, and tampering with the evidence call the chain into question.
  • Questioning the forensic analysis: Drug labs conduct tests to determine whether a substance is an illegal drug. Inaccurate lab results and problems with the testimony of forensic experts can raise reasonable doubt in your case.
  • Identifying witness bias and lack of credibility: The prosecution often relies on witness testimony, but this can be biased. For example, informants sometimes testify to try to reduce their own sentences. Contradictory and false statements can further call witness credibility into question.
  • Exposing weaknesses with the evidence: Overall, if it appears that the prosecution’s evidence is poor or unreliable, you could successfully suppress it or ask for the charges to be dismissed. These are case-specific situations, so ask your lawyer for assistance.

How Can Sheffron Law Help Me?

For over 25 years, our firm has developed personalized legal strategies that draw upon our extensive experience representing clients in Hendersonville and Columbus, NC. When you hire us to handle your North Carolina drug charges, we get to work by:

  • Investigating the circumstances behind your arrest and the prosecution’s basis for their charges
  • Contesting the prosecution’s evidence and cross-examining their witnesses in court
  • Presenting our own evidence in support of your defense
  • Clear and effective communication with the prosecution as we advocate for you
  • Seeking a reduction or dismissal of charges if possible

Contact Our Drug Crimes Attorney in Hendersonville & Columbus, NC

We understand what the prosecution has to prove and what happens when it fails to do so. By the same token, we know what it takes to present a compelling defense. We will work to protect your rights, fight for your freedom, and defend your best interests each step of the way.

Have you been charged with a drug offense and you’re not sure what to do next? Reach out to Sheffron Law. You can schedule your consultation with us today.

Frequently Asked Questions About North Carolina Drug Crimes

How will prior convictions affect my sentence?

For many drug crimes, your criminal record can prove relevant to your sentence. In general, felonies are more serious than misdemeanors, and more recent convictions have a more negative impact than older ones. Federal and out-of-state convictions may also play a role.

Is a plea bargain possible in my case?

Depending on the facts of the case, particularly the prosecution’s evidence and whether they made any procedural errors, it may be possible to negotiate a plea deal. This could reduce the severity of your sentence. If appropriate, we can also ask the judge to dismiss the charges.

Can I face federal as well as state charges?

Drug crimes sometimes become federal cases depending on factors like whether the drugs crossed state lines or the government’s interest in the case. Federal drug sentencing is almost always worse, with mandatory minimums and more time in prison.