Black Mountain Drug Crime Lawyer

Black Mountain Drug Crime Attorney

If you have been charged with a drug crime, you could be facing serious penalties, ranging from jail time to a permanent criminal record. With a drug crime staining your record, it could impede your chances of securing housing, a job, or other opportunities. Therefore, a Black Mountain drug crime lawyer may be essential for ensuring your freedom and avoiding other consequences.

What Is Considered a Drug Crime in North Carolina?

A drug crime in North Carolina involves a person who possesses, sells, manufactures, transports, distributes, or traffics a controlled substance. Examples of controlled substances include marijuana, cocaine, heroin, prescription pills, and even some over-the-counter medications, such as cough syrup. Drugs in North Carolina are categorized as Schedule I-VI, with Schedule I drugs being the most addictive and dangerous.

Black Mountain is located in Buncombe County. In 2023, Buncombe reported a total of 625 drug arrests, with 46 being sales and 579 being for possession. Opium and cocaine had the highest number of reported known drug arrests, while other dangerous drugs had the highest overall reported drug arrests.

The related penalties for drug crimes depend on the quantity of the drug in question, the type of drug crime, and whether this is a repeat offense for the defendant. For example, a Black Mountain man from McCoy Cove Road was arrested and charged with a felony for possessing marijuana and over 600 grams of meth. He received a felony charge because of the sheer amount of drugs in his possession as well as unexplained cash.

What Is a Misdemeanor Drug Crime?

Misdemeanor drug crimes are the least serious drug crimes and tend to involve Schedule V and VI drugs. The penalty for misdemeanor drug crimes may involve jail time or fines, but it can also involve a suspended sentence or probation in some cases. Class 1 misdemeanors are the most serious and may result in spending 45 days in jail. An example of a Class 1 misdemeanor is the possession or sale of cough medications with codeine.

What Is a Felony Drug Crime?

Felony drug crimes in Black Mountain are more serious and can result in spending years in jail. The highest felony class drug crime is a Class C felony, which involves distributing, selling, possessing, manufacturing, or trafficking certain Schedule I or II drugs. For example, manufacturing meth is a Class C felony, punishable by up to 279 months in jail. The same charge can apply for trafficking 28 or more grams of heroin. If you are charged with a felony drug crime, you may also be subject to paying fines of up to $250,000, depending on the crime.

Common Defenses Against Drug Charges

Being charged with a drug crime can be life-altering. Not only do you face the penalty of paying fines or serving jail time, but a drug offense can also remain on your criminal record. A criminal record could mean losing job opportunities or failing to secure housing in many cases. You do not want to face these penalties by representing yourself. A skilled and experienced lawyer can build a solid defense for you, whether you made a mistake or maintain your innocence.

Some common defenses against drug charges include:

• The legality of the search: Most defendants are arrested for drug charges because of searches and seizures. If the arresting officer violated a person’s Fourth Amendment right, which prohibits unreasonable searches and seizures, the defendant may have a solid defense.
• Lack of control: If the defendant claims they did not have control of the substance or were unaware they were in their possession, they may have a solid defense.
• Inaccurate lab report: Most drug crimes are dependent upon the Schedule or class of the drug in question. If a lab report misclassified a Schedule IV drug as a Schedule II drug, for instance, this could greatly alter a person’s sentencing.
• Prescription: There are some drugs, such as Xanax, that may be illegal when transported, sold, or distributed without a prescription but legal with one. If the defendant can prove they have a prescription for the drug they are caught in possession of, they may have a defense.
• Entrapment: Entrapment is a common defense for drug crimes. Entrapment involves an officer planting drugs on a person or forcing them to take, sell, use, distribute, possess, manufacture, or traffic drugs by using violence or threats.

FAQs

Q: What Percentage of Criminal Defendants Cannot Afford to Hire an Attorney?

A: While it is hard to say how many criminal defendants cannot afford to hire a criminal defense attorney, every defendant is entitled to be represented by an attorney if they cannot afford to hire one. It is important to note, however, that the more experienced and skilled the attorney is, the better your chances are of getting your charges dismissed or reduced.

Q: What Is the Mandatory Minimum Sentence for Drugs in NC?

A: The mandatory minimum sentence for drugs in North Carolina can range from 10 days to 25 months in prison, depending on the severity of the crime, the drugs involved, and whether it is a repeat or first-time offense. Misdemeanor charges, for example, may result in 10 days to 45 days in jail, while felony charges may be 25-225 months or more in jail in severe cases.

Q: Can Someone Else Take Responsibility for a Drug Charge?

A: It depends. While someone else could take responsibility for some aspects of the drug charge, they might not always be able to take full responsibility. For example, if you were with someone else during the arrest who sold the drugs, but it was your vehicle, you still may bear some responsibility.

Q: How Can I Get a Sentence Reduced in NC?

A: There are several ways to get a sentence reduced for a drug charge in North Carolina. First, if you have evidence that proves your innocence, you may get your sentence reduced or case expunged. You might also get your sentence reduced for technicalities in the grounds for which you were arrested, drug misclassification, or other defenses. Generally, your chances of getting your sentence reduced rely on the skill and experience of your lawyer.

Contact Edwards Law, PLLC, Today

Drug crimes are treated seriously in North Carolina. It is even more concerning if you choose to fight your case without a lawyer. The lawyers at Edwards Law, PLLC, are committed to fighting aggressively for your rights, and we have the skill and experience to represent you throughout your case. Do not hesitate to contact our office today for a consultation.