Waxhaw Drug Possession with Intent to Sell

Drug Possession With Intent To Sell

Waxhaw Drug Possession With Intent to Sell Defense Attorney

Drug crimes in Waxhaw, North Carolina, are taken extremely seriously by officials. Therefore, they are subject to serious penalties under both state and federal law. Possession, sale, and distribution of controlled substances such as cocaine, heroin, and methamphetamine can result in large fines and significant jail time.

According to the North Carolina Department of Public Safety, drug-related offenses remain a significant problem in the state. In 2020, there were over 50,000 drug arrests statewide. Over 12,000 of those arrests were directly related to the sale or manufacture of drugs.

While Waxhaw enjoys a small-town charm that nearby Charlotte cannot match, it is not exempt from drug problems. Local, regional, state, and federal law enforcement officials actively investigate and prosecute drug offenses and criminal activity in the area.

If you or someone you know has been charged with intent to sell drugs in Waxhaw, it is crucial to seek competent legal counsel. The highly skilled team at the Law Offices of Huffman & Kendrick can help you develop and implement a compelling defense strategy. A conviction for intent to sell drugs is likely to carry serious penalties, even for fairly low-level offenders.

Some of the potential consequences of a drug conviction include:

• Lengthy prison sentences
• Steep fines
• Probation
• Community service
• Loss of job or difficulty finding employment
• Financial issues
• Damage to personal or professional reputation
• Difficulty finding housing or accessing financial instruments

Facing these penalties can naturally make someone feel very hopeless and alone. A skilled criminal defense attorney from the Law Offices of Huffman & Kendrick can help defendants who find themselves facing drug charges.

There are several methods we use when developing your fully customized legal strategy:

• Examine all available evidence.
• Identify new evidence and follow the proper procedures to bring it before the court.
• Identify any constitutional violations, procedural errors, or illegal actions by the arresting officers or investigators. Such issues can get a drug case thrown out of court entirely in some instances.
• Work collaboratively with the court and prosecution to reduce charges or penalties.
• Build a compelling defense and present it at trial if necessary.

In some, though not all, cases, a quality criminal defense attorney could get intent to sell charges dismissed altogether. It is therefore essential for anyone charged with this offense in Waxhaw to seek quality legal representation immediately.

Understanding Possession With Intent to Sell in North Carolina

In North Carolina, possession with intent to sell is defined as possessing a controlled substance with the intent to sell, deliver, or otherwise distribute it. This could be a street drug like methamphetamine or a prescribed substance like Xanax or Vicodin.

Prosecutors may use many different factors when trying to prove an intent to sell:

• The quantity of drugs found at the time of the arrest or search
• Packaging materials on site
• Scales or other equipment indicative of drug sales
• Digital forensics, such as text messages between sellers and buyers
• Other circumstantial factors, such as criminal history

What Is the Sentence for Possession of Drugs With Intent to Supply?

The penalties for possession with intent to sell in North Carolina will depend on a variety of factors. These include:

• The type of drug (or drugs) involved
• The quantity of drugs involved
• The defendant’s prior criminal record
• Harm done to the community

These matters are taken extremely seriously by North Carolina officials and federal agents. The consequences of successful prosecutions can be severe, including serious prison sentences and steep fines. There are also collateral consequences, such as having a criminal record, that can cast a shadow over your future. These can impact your prospects for employment, housing, maintaining relationships, and other opportunities.

Some of the potential penalties for drug crimes under North Carolina law are as follows:

• Class I Felony
  • Possession with intent to sell a Schedule I or II controlled substance (e.g., heroin, cocaine).
  • Punishable by 3 to 12 years in prison and a fine of up to $200,000
• Class H Felony
  • Possession with intent to sell a Schedule III, IV, or V controlled substance (e.g., steroids, Xanax).
  • Punishable by 4 to 25 months in prison and a fine of up to $5,000
• Class F Felony
  • Possession with intent to sell more than 1.5 ounces of marijuana but less than 10 pounds (note that cannabis remains illegal in the State of North Carolina with the exception of very limited medical uses).
  • Punishable by 10 to 41 months in prison and a fine of up to $5,000
• Class E Felony
  • Possession with intent to sell more than 10 pounds of marijuana
  • Punishable by 15 to 63 months in prison and a fine of up to $100,000.

Note that these penalties are subject to mitigation at a judge’s discretion. They are also subject to enhancement if aggravating factors are present, such as:

• Possession of a firearm during the offense
• Additional charges pursuant to the drug crime
• Having prior convictions for drug offenses

Generally speaking, possession with intent to sell is a very serious crime under North Carolina law. It also has criminal implications at the federal level. The potential consequences of either can be severe. However, they can be mitigated with the aid of a skilled criminal defense attorney. Anyone facing charges for drug offenses in Waxhaw should seek the advice of such an attorney as soon as possible.

Do First-Time Drug Crimes Offenders Go to Jail in North Carolina?

Many people arrested for drug crimes do spend at least one night in jail after their arrest. However, sentencing after a conviction or guilty plea is another matter entirely. Whether a first-time drug offender will be incarcerated in North Carolina depends on several factors, including:

• The type of drug involved
• The amount of drug involved
• The defendant’s criminal history
• How successfully their lawyer can negotiate or defend them in court

Typically, first-time drug offenders may have a chance to avoid jail time if they are charged with a misdemeanor offense. They could also qualify for special programs for low-level and first-time offenders.

For example, possession of marijuana up to a half-ounce is considered a misdemeanor offense under North Carolina statutes. A first-time offender may be eligible for a deferred prosecution agreement (DPA) or a conditional discharge program.

These programs are designed to let people who have made a mistake contribute to their communities instead of going to prison. They will typically require the defendant to meet certain criteria, such as:

• Drug education programs
• Drug treatment programs
• Regular check-ins (including drug tests)
• Community service
• Work requirements
• Other criteria relevant to the individual case

Once the defendant successfully completes all the requirements of their program, the charges may be entirely dismissed. In this way, a first-time drug defendant can avoid jail time and a conviction on their record.

However, if a first-time offender is charged with a serious felony drug offense, or is deemed ineligible for a diversion program, they may indeed face the possibility of time in jail or prison. In other first-time felony cases, a judge may be willing to impose a sentence that includes probation, community service, or other alternatives to jail time. This tends to be particularly true if the offender approaches the legal process in good faith. They must demonstrate that they are willing to seek treatment for drug addiction. They must also be willing to participate in whatever rehabilitative measures the court deems appropriate.

Ultimately, the decision of whether to impose jail time in a drug case rests with the judge. They will consider:

• The specific circumstances of the case
• All available evidence
• The harm and potential harm done to the community
• The defendant’s background

The skilled criminal defense attorneys at the Law Offices of Huffman & Kendrick can help first-time drug offenders:

• Explore their full range of legal options.
• Develop a powerful defense strategy.
• Negotiate an agreeable plea bargain.
• Work to mitigate the potential consequences of a drug conviction.

How Long Do You Go to Jail for Drug Possession in North Carolina?

In North Carolina, the length of jail time that one will serve for a drug possession charge can vary. It will depend on several factors, including:

• The type and amount of drug involved
• Previous criminal history
• The judge’s disposition and philosophy pertaining to drug crimes
• Whether the crime included violence or other elements of criminality besides drugs
• The quality of the defense strategy

There are a wide range of specific crimes and consequences for “drug possession” in the North Carolina legal codes. Here are the details on a few:

• Simple possession of a Schedule I, II, III, or IV controlled substance (North Carolina General Statutes § 90-113.22)
  • Class 1 misdemeanor offense
  • Punishable by up to 120 days in jail, plus fines and court costs.
• Possession with intent to sell or deliver a Schedule I, II, III, or IV controlled substance (North Carolina General Statutes § 90-95(a)(1), (2))
  • Felony offense
  • The severity of the charge and the corresponding sentence will be determined by the type and amount of drugs involved, and this can vary greatly.
    • Example: Possession with intent to sell or deliver cocaine is a Class G felony, punishable by 8 to 31 months in prison. Possession with intent to sell or deliver marijuana is a Class I felony, punishable by only 3 to 12 months in prison.
• Possession of a Schedule V controlled substance (North Carolina General Statutes § 90-113.23)
  • Class 3 misdemeanor offense
  • Punishable by up to 20 days in jail, plus fines and court costs.
• Possession of drug paraphernalia (North Carolina General Statutes § 90-113.22A)
  • Class 1 misdemeanor
  • punishable by up to 120 days in jail, plus fines and court costs.

Note that maximum jail sentences are rarely implemented in practice. They are usually reserved for serious repeat offenders and egregious criminality. Actual sentences can vary based on the specific facts and circumstances of a case, as every situation is different. Additionally, North Carolina has several alternative sentencing options that may be available to some defendants. These are often paired with accountability requirements like regular drug testing and education requirements.

Contact the Law Offices of Huffman & Kendrick

Being involved in a drug case can be extremely stressful and overwhelming for anyone. We know that nobody deserves to be defined by a single criminal charge. Our firm can ensure that all your rights are respected throughout the legal process. Top-notch legal assistance from the Law Offices of Huffman & Kendrick can guide you through this trying time in your life. Contact our Monroe, NC, offices today for a no-pressure, judgment-free consultation.