Asheville Drug Trafficking Lawyer

Drug Trafficking Attorney in Asheville, NC

Drug trafficking charges in North Carolina can be confusing and vague. If you are facing charges for drug trafficking, you should seek the help of an experienced and knowledgeable Asheville drug trafficking lawyer. Drug crimes are not taken lightly. Trafficking charges are the most severe drug charges you could face.

Penalties for these charges could include lengthy prison terms, hefty fines, and a lifelong criminal record that can impact employment, housing, and much more. In many states, drug trafficking encompasses the large-scale cultivation, distribution, or sale of controlled substances. However, in North Carolina, some instances of simple possession could be considered a trafficking charge.

About Edwards Law, PLLC

At Edwards Law, PLLC, we are ready to help defend you against drug trafficking charges at both the state and federal levels. You deserve a defense team that looks out for your interests. With against drug trafficking charges, our team is ready to work toward your acquittal, your reduction in charges, or an outright dismissal of your case.

Drug Trafficking in North Carolina

Drug trafficking is a felony charge in North Carolina, which means all drug trafficking charges result in more severe penalties than misdemeanors. For drug trafficking charges in North Carolina, there does not have to be any evidence of an intent to distribute or transport drugs. Many drug trafficking charges stem from possession. To be convicted of drug trafficking, there must be proof that you sold, delivered, or possessed drugs knowingly and intentionally.

To be charged with drug trafficking, you must possess at least:

• 28 grams of crack
• 28 grams of MDMA
• 28 grams of methamphetamine
• 10 pounds of marijuana
• 4 grams of heroin, morphine, or other opiates
• 100 pills of ecstasy or LSD

These amounts would result in the lowest-level felony charges for drug trafficking. As the quantity of drugs in possession grows, so does the felony classification.

Penalties for Drug Trafficking Convictions

Every alleged crime is surrounded by varying circumstances that make the facts of that particular case unique. Because there are many variables, drug trafficking could be charged as a Class C, D, E, F, G, or H felony. Variability can include the amount of possession, the type of drug involved, and the intent. Convictions for these felonies will range from two years in prison up to 18 years and include fines of up to $250,000.

In North Carolina, felonies usually carry minimum prison sentences, in addition to fines and any other element of sentencing a judge sees fit. The minimum sentences are dictated by a tier system that considers the class of the felony and the convicted person’s prior criminal record. Some examples of minimum prison sentences for different felony charges include the following: 

• Class C felony: This class of felony carries a minimum prison sentence of 44 months for an offender with a limited or nonexistent criminal record. The maximum sentence is 182 months.
• Class D felony: The minimum prison sentence for a Class D felony is 38 months, and the maximum is 160 months.
• Class E felony: Class E felonies carry sentences that range from 15 to 63 months.

Every felony has a set minimum sentence that depends on the convicted person’s record, and the judge cannot impose a sentence beyond the listed maximum.

In addition to the large fines and lengthy prison sentences, a conviction has lifelong consequences. This can include difficulty finding a job or housing, losing your right to vote, and being disqualified from certain government assistance programs.

In addition to prosecution at the state level, drug trafficking charges often lead to federal charges as well. These carry additional penalties on top of any you may receive from the state. For a conviction at either level, you could be found guilty for simply conspiring or attempting the crime as opposed to committing it.

Federal Drug Trafficking Laws

You could face not only state-level charges, but also federal charges. Under federal legislation, it is a crime to manufacture, distribute, or possess any controlled substances. To be charged under federal laws, considerations of the case must be made, including the amount of drugs in possession, the people involved, whether or not the drugs crossed state lines, and whether any other federal violations occurred.

The penalties you could face for federal charges are much more severe than for state-level charges. In addition to longer prison terms and larger fines, there is also no parole available for federal charges. When federal charges are introduced, the case becomes more complex. The process can increase significantly, as can the costs of your case. Your case will require double the work if you do not have an attorney who can represent you in both venues.

Defending Against Drug Trafficking Charges in Asheville, NC

As in the rest of the United States, drug use in North Carolina is a prevalent problem. In 2024, the state saw an average of eight overdose deaths every day. People who believe they will only be charged with simple possession may be surprised to find themselves facing trafficking charges in Asheville, NC. Unfortunately, possession is enough to bring trafficking charges against you.

However, trafficking charges do not mean that you will have the most severe consequences. Not only do the circumstances of your case play a role, but so does the type of defense your criminal defense attorney chooses to use. There are several common defense strategies for drug trafficking.

Raise Doubt About the Search and Seizure

Anytime law enforcement searches your person, vehicle, or other location, they must have probable cause to do so. This could include your consent, the search being related to criminal activity, the item in question being in plain sight, or other circumstances.

In some cases, a warrant could be issued based on false information. There may have been no probable cause to pull your vehicle over, or if you were pulled over, law enforcement may have illegally extended the traffic stop just to gain cause for a search. If these basic procedural rules were not followed, the evidence may not be admissible, which could negate the charges.

Challenge the Lab Results

To be charged with trafficking and not possession, there must be a minimum amount of drugs in question. Often, drugs may be measured at the scene of discovery. However, miscalibration of the scales or not counting the weight of the containers in which the drugs were measured could cause a miscalculation. In addition, lab tests to confirm the drug in possession could be falsely read, as many lab tests produce false results.

Prove You Were Not in Possession

This strategy works well when you can clearly demonstrate that you were not aware of the presence of drugs. This could happen if you were driving someone else’s car and were unaware that drugs were in the trunk, if someone was passing by your property and hid drugs that you were unaware of, or if you were simply caught up in a situation that put you in the wrong place at the wrong time.

FAQs

Where Are Drug Trafficking Trials Held for Asheville Residents?

Because drug trafficking is a felony offense, drug trafficking charges are handled by the North Carolina Superior Court. Hearings and trials are held in whichever courthouse serves the area in which the crime was committed. For example, for drug trafficking that allegedly occurred in Asheville, the hearing and trial would be held at the Buncombe County Courthouse, which is located at 60 Court Plaza in Asheville.

How Much Does a Drug Trafficking Lawyer Cost in Asheville?

The cost to hire a drug trafficking defense lawyer in Asheville can vary widely. What you might pay for a lawyer depends on the particulars of your case and the rates and fee structures individual lawyers set for their practices. Most attorneys require an up-front payment called a retainer fee to begin working on a case.

Is There a Minimum Prison Sentence for a Class C Felony for Drug Trafficking?

Yes, there is a minimum prison sentence for a Class C felony. Assuming that the convicted person has no criminal history, the minimum prison term is set at 44 months. If the convicted person does have a prior criminal record, or if there are aggravating factors at play in the case, minimum terms can be as long as 182 months.

How Much Marijuana Must Be in Someone’s Possession to Warrant a Class C Felony Charge?

According to North Carolina law, there is no listed amount of marijuana a person can possess that leads to a Class C felony drug trafficking charge. The highest class of felony associated specifically with marijuana trafficking is Class D, and that charge is reserved for possession of more than 10,000 pounds of marijuana.

Hire a Drug Trafficking Lawyer

Facing drug charges can be extremely difficult, and it is imperative that you take steps to protect your rights. With the right attorney, you may be able to challenge the charges and ultimately have your charges reduced, dismissed, or acquitted. No matter how difficult your case may be, the team at Edwards Law, PLLC, is here to help. Call our office today and find out how we can help you navigate your next steps.

Edwards Law, PLLC – Asheville, NC Office

38 Arlington St, Asheville,
NC 28801, United States

Client Testimonials

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“My experience working with Mr. Edwards was beyond amazing! I am so thrilled with the results of my case and am so grateful for all of the incredible hard work that he put in. I was always kept in the loop about my case and was given great advice on ways to improve my situation. I cannot recommend Mr. Edwards enough!”

— Rose Crow

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“Doug is a great attorney. The communication he has with his clients is unmatchable. There were times he called letting me know he was diligently working for me which was not just in the courtroom. If you have a case that needs prompt, professional service contact Doug he is very straightforward. Thank you Doug!”

— Danny Rickman

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Asheville, NC Drug Trafficking Resources

If you or a loved one has been charged with drug trafficking in Asheville or Buncombe County, NC, the following resources can help you understand your situation and your legal options.

• College Drug Possession in NC: Legal Consequences Students and Parents Should Know

Asheville, NC Drug Trafficking Legal Resources

If you were charged with drug trafficking in Asheville or Buncombe County, the following local and state legal resources apply to your case. Our office is located at 38 Arlington Street, Asheville, NC 28801, just minutes from the Buncombe County Courthouse.

• Buncombe County Courthouse – Asheville, NC
• Buncombe County Sheriff’s Office
• US Attorney’s Office – Western District of NC