Drug Crimes

 

Practice Area: Drug Crimes

Drug Crimes Attorneys in Raleigh NC

Henry Neese at Desk

If you have been charged with a drug offense in North Carolina, you will need an experienced attorney who understands the criminal justice system to defend your case. The strength of a drug charge depends on a number of factors, including the actions and decisions of the police officers involved. Raymond’s and Brad’s experience as prosecutors provides them with a unique and in-depth understanding of whether the police had a right to enter your home, seize your property, stop and search your car, or search your person. Such expertise allows them to develop the best possible defense for your particular drug charge.

Drug Charges in North Carolina Include:


* Possession of Controlled Substance – A person is guilty of this offense if he or she knowingly possesses a controlled substance. Possession of a controlled substance can be actual or constructive. Actual possession occurs when the person has the controlled substance on his or her body, the person is aware of its presence, and the person has the power and intent to control its disposition or use. Constructive possession exists when a person has the intent and capability to maintain control and dominion over the controlled substance even though he or she does not have actual possession. This power to maintain control and dominion can exist in one person alone or jointly with other people. Possession of a controlled substance can be a misdemeanor or a felony depending on the nature of the controlled substance possessed and whether the person charged has any prior drug convictions.


* Sale or Delivery of Controlled Substance – A person is guilty of this offense if he or she knowingly sells or delivers a controlled substance to another person. To “sell” means to transfer the controlled substance for some type of compensation. The compensation can take the form of cash, services, or other products, such as clothes and video games.


* Possession of Drug Paraphernalia – A person is guilty of this offense of he or she knowingly uses or possesses with the intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, possess, prepare, test, analyze, package, store, contain, conceal, inject, ingest, inhale or otherwise introduce into the body, a controlled substance.


* Manufacture of a Controlled Substance – A person is guilty of this offense if he or she produces, prepares, compounds, or processes a controlled substance by any means and packages said controlled substance with a label on the container. If the manufacturing involves preparing or compounding, the person must also act with intent to distribute the controlled substance to be guilty of this offense.


* Trafficking in Marijuana – A person commits this crime of he or she knowingly manufactures, sells, delivers, transports, possesses, conspires to manufacture, conspires to sell, conspires to deliver, conspires to transport, or conspires to possess marijuana to another person (if the defendant sells or delivers).

Quantity of Marijuana Type of Felony Mandatory Minimum
Imprisonment Term
Mandatory Maximum
Imprisonment Term
Mandatory Minimum Fine
10 pounds to less than 50 pounds Class H 25 months 30 months $5,000
50 pounds to less than 2000 pounds Class G 35 months 42 months $25,000
2000 pounds to less than 10000 pounds Class F 70 months 84 months $50,000
10000 pounds or more Class D 175 months 219 months $200,000

All drug-trafficking convictions carry mandatory prison terms. The only way to avoid incarceration upon conviction of a drug trafficking charge is by providing “substantial assistance” to authorities. If the judge is satisfied with the substantial assistance provided, he or she may deviate from the mandatory minimum imprisonment term and, in some cases, can even order probation.


* Trafficking in Cocaine – A person is guilty of this offense if he or she knowingly sells, manufactures, delivers, transports, possess, conspires to sell, conspires to manufacture, conspires to deliver, conspires to transport, or conspires to possess cocaine or any mixture containing cocaine to another person (if the defendant sells or delivers).

Quantity of Cocaine or
Mixture Containing Cocaine
Type of Felony Mandatory Minimum
Term of Imprisonment
Mandatory Maximum
Term of Imprisonment
Mandatory Minimum Fine
28 grams to less than 200 grams Class G 35 months 42 months $50,000
200 grams to less than 400 grams Class F 70 months 84 months $100,000
400 grams or more Class D 175 months 219 months $250,000

All drug-trafficking convictions carry mandatory prison terms. The only way to avoid incarceration upon conviction of a drug trafficking charge is by providing “substantial assistance” to authorities. If the judge is satisfied with the substantial assistance provided, he or she may deviate from the mandatory minimum imprisonment term and, in some cases, can even order probation.


* Trafficking in Opium or Heroin – A person is guilty of this offense if he or she knowingly sells, manufactures, delivers, transports, possess, conspires to sell, conspires to manufacture, conspires to deliver, conspires to transport, or conspires to possess opium, including heroin, or any mixture containing opium or heroin to another person (if the defendant sells or delivers).

Quantity of opium,
including heroin, or any
mixture containing opium
or heroin
Type of Felony Mandatory Minimum
Term of Imprisonment
Mandatory Maximum
Term of Imprisonment
Mandatory Minimum Fine
4 grams to less than 14 grams Class F 70 months 84 months $50,000
14 grams to less than 28 grams Class E 90 months 117 months $100,000
28 grams or more Class C 225 months 279 months $500,000

All drug-trafficking convictions carry mandatory prison terms. The only way to avoid incarceration upon conviction of a drug trafficking charge is by providing “substantial assistance” to authorities. If the judge is satisfied with the substantial assistance provided, he or she may deviate from the mandatory minimum imprisonment term and, in some cases, can even order probation.


* Other Drug-Related Offenses
If you are facing a drug charge, call us to discuss your options. As former prosecutors, we have the knowledge and expertise to competently defend against your drug charges. If you have been charged with a drug-trafficking crime, it is especially important to contact an attorney early in the investigation process.