Criminal Defense Drug Cases
In the State of Georgia, drug offenses are taken very seriously. Much like other charges in Georgia, the State has very harsh penalties for those who are convicted of a drug crime depending on the drug that you are charged with having and how much of that drug you have. Convictions almost always include a jail sentence or a probation sentence, as well as a driver’s license suspension. In Georgia, drugs are classified by “schedules” that are in accordance with Federal classifications and how likely they are to be addictive, and are as follows:
Schedule 1 drugs include: Heroin, LSD, GHB, Ecstasy, Peyote, and Hallucinogenic Mushrooms.
Schedule II drugs include: Cocaine, Crack Cocaine, Morphine, Opium, Methadone, Oxycodone, and Methamphetamines.
Schedule III drugs include: some steroids such as Testosterone and Ketamine without a legal prescription.
Schedule IV drugs include: Phenobarbital, Diazepam and Clonazepam.
Schedule V drugs include: Drugs that have levels of Ethyl Morphine, Codeine and Opium.
It should be noted that some of the drugs that are listed above are considered to be in more than one schedule, depending on the concentration of the active chemical in that particular drug. Prescription drugs are also included in these schedules when they are being abused in an improper and illegal manner.
At O’Brien Law Firm PC, we know that understanding the different schedules and classifications of drugs can be complicated and confusing, and that is why we are here to help you understand exactly what is going on in your particular case.
Drug Possession Under Georgia Law
It is important to know that in Georgia, possession can be classified as “constructive” or “actual”, which means that drugs do not have to be on your person for you to be charged and found guilty of possession. O’Brien Law Firm PC can help determine whether you were in fact in possession of a drug and if you had control over that drug, which ultimately determines if you were in possession.
Misdemeanor and Felony Penalties
Depending on the Schedule of drug that you were charged with having, you can face either misdemeanor or felony charges, which carry with them these possible varying sentences:
|Marijuana||Less than 1 ounce||Misdemeanor||Up to $1,000 fine and one year in prison.|
|Marijuana||Greater than 1 ounce||Felony||1-10 years in prison. Fines vary.|
|Schedule 1,2 First Offense||N / A||Felony||2-15 years in prison. Fines vary.|
|Schedule 1,2 Second and Subsequent Offenses||N / A||Felony||5-30 years in prison. Fines vary.|
|Schedule 3,4,5 First Offense||N / A||Felony||1-5 years in prison. Fines vary.|
|Schedule 3,4,5 Second and Subsequent Offenses||N / A||Felony||1-10 years in prison. Fines vary.|
Criminal Defense for Drug Cases
Each drug possession case is different, and at O’Brien Law Firm PC we understand that. We have a vast knowledge and understanding of the legal system in Georgia, and have years of experience in dealing with a variety of different drug cases. If you have been accused of a misdemeanor or felony drug charge, time is of the essence in finding the right criminal defense attorney in Savannah, GA to help defend your rights and protect your freedom.