Kings Mountain, NC Drug Possession Lawyer

Kings Mountain, NC Drug Possession Attorney

Drug charges are serious and most come with severe penalties. A conviction can lead to significant fines and court costs, confiscation of personal property, loss of licenses and privileges, and more. If you’re facing a drug charge, you should seek the support of a Kings Mountain, NC drug possession lawyer.

Kings Mountain Drug Possession Laws

While Kings Mountain has a lower-than-average drug-related crime rate of 4.361 per 1,000 residents, North Carolina has a higher-than-national-average rate. This means that all drug possession charges are serious in North Carolina, and the penalties you face will depend on the quantity and type of drugs involved.

In North Carolina, drug possession laws are covered under the North Carolina Controlled Substances Act. This law makes it illegal for a person to:

• Manufacture, deliver, or possess a controlled substance with the intent to sell it.
• Manufacture, deliver, or possess a counterfeit controlled substance with the intent to sell it.
• Possess a controlled substance for personal use.
• Possess a chemical with the intent to use it to create controlled substances.
• Knowingly possess or sell a chemical that will be used to create controlled substances.

Understanding North Carolina’s Controlled Substance Schedules

The state categorizes controlled substances into six distinct schedules based on their potential for abuse, risk to public health, and pharmacological effects. The lower the schedule number, the higher the drug’s potential for abuse and harm.

• Schedule I: These drugs have the highest potential for abuse and have no accepted medical use in the United States. Examples: Heroin, LSD, MDMA, etc.
• Schedule II: These substances have a high potential for abuse that could cause serious physical or psychological dependence. They have accepted medical use. Examples: Opium, fentanyl, oxycodone, methamphetamine, and amphetamine.
• Schedule III: Drugs in this category have a moderate to low potential for abuse compared to Schedule I and II substances. Abuse can lead to physical or psychological dependence. Examples: Ketamine, codeine, anabolic steroids, etc.
• Schedule IV: These drugs have a low potential for abuse relative to Schedule III drugs and have accepted medical uses. Examples: Xanax and other depressants or stimulants.
• Schedule V: This schedule includes drugs with a lower potential for abuse but consists of substances that have limited quantities of certain narcotics. Examples: Codeine-containing cough syrups.
• Schedule VI: These substances have a low potential for abuse and are currently accepted for medical use. Examples: Marijuana

What Are the Penalties for Drug Possession in North Carolina?

Drug possession charges in North Carolina can mean serious consequences. These charges are prosecuted in the Cleveland County Courthouse and will vary depending on the factors of the charge, including the type and amount of the drug.

Misdemeanor Possession

You could face a misdemeanor charge for possessing a small amount of a drug like marijuana. While it may be fines or probation for a first-time offense, repeat offenses can lead to harsher penalties, including increased fines, longer probation, and even prison time.

Felony Possession

If you possess larger quantities or certain types of drugs, it can result in a felony conviction. A felony charge carries much more severe penalties, including substantial fines, mandatory drug treatment, probation, and even prison time. This can also lead to the loss of your voting rights and other civil liberties.

Intent to Distribute

The penalties can escalate even more if you’re charged with intent to sell or distribute drugs. A conviction for this offense can lead to lengthy prison sentences and significant fines. Additionally, you may face asset forfeiture to law enforcement if there was property connected to the crime.

About Brent D. Ratchford

Brent D. Ratchford is a criminal defense attorney in Kings Mountain who focuses on providing dedicated and honest representation. He believes that everyone deserves a strong legal advocate, regardless of their legal troubles. Ratchford’s practice areas include criminal defense, traffic violations, expungements, and probation violations.

FAQs About Kings Mountain, NC Drug Possession Law

What Are the Penalties for Drug Possession in North Carolina?

The penalties for drug possession in North Carolina depend on the substance’s classification (from Schedule 1 to Schedule VI) and the quantity involved. Simple possession of a small amount is usually a misdemeanor with a possibility of fines, probation, or a short jail sentence. But larger quantities of a higher schedule can lead to felony charges and significant jail time.

Can I Avoid Jail Time for a First-Time Drug Possession Charge?

It is possible to avoid jail time for a first-time drug possession charge, but it will depend on the circumstances of your situation. First-time offenders may be eligible for alternative sentencing options like conditional discharge programs, drug treatment court, or other diversion programs that focus more on rehabilitation instead of incarceration.

How Can a Lawyer Help Me Fight a Drug Possession Charge?

A lawyer can be a significant asset when fighting drug possession charges. They can examine your case for weaknesses and protect your rights. Your lawyer can negotiate for a more favorable plea bargain, reduced charges, or fight for enrollment in diversion programs. It is recommended that you consult with a drug possession attorney so you can understand how they can help you in your unique case.

What Should I Do if I’ve Been Arrested for Drug Possession in North Carolina?

If you’ve been arrested for drug possession in Kings Mountain, your immediate priority should be to hire a drug possession lawyer who can look at your case. They can help you understand the charges and explore potential defenses or alternative options. Your lawyer can also evaluate the specifics of your case and see whether the police had probable cause to stop you and whether your constitutional rights were violated.

Contact a Kings Mountain Drug Possession Attorney

Drug possession charges can feel overwhelming, but we understand the stress and uncertainty you’re facing. At The Law Firm of Brent D. Ratchford, our legal team is dedicated to protecting your rights and fighting for a favorable outcome. We can work tirelessly to guide you through this process so you can move forward with your life. Contact us today for a consultation.