Felony Possession O.C.G.A 16-13-30
Fight Your Felony Possession Charge in Atlanta Georgia with the Assistance of an Eperienced Yeargan & Kert, LLC Attorney
You never thought you would be arrested for drug possession. If your loved one was arrested for felony drug charges, may have never thought you would be responsible for helping them find a lawyer. It does not matter right now how the felony drug possession charge happened. Right now is about getting as much information about felony possession as you can to understand what is happening. Let Yeargan & Kert, LLC help you get these charges dismissed and removed from your criminal record.
What is Felony Possession in Atlanta Georgia?
Felony drug possession is the unlawful act of purchasing, possessing or having control of any drug, also called a controlled substance.
The type of drug, quantity and the intended use of the drug determines whether the drug charge is a felony or misdemeanor. The drug schedule also indicates whether you will be charged with a felony or misdemeanor.
An Atlanta Georgia Possession Charge can be Constructive or Actual
Where police allegedly find the drugs will not dictate whether you are charged with a felony or not. Instead, it goes to evidence used against you by prosecutors. According to state law, you can be charged with drug possession if you allegedly have the drug on you or around you.
Actual possession occurs when you allegedly have the drugs on your person. The drugs can be in your pocket, for example. Constructive possession refers to you allegedly not having the drugs on your person. Instead, you allegedly have the drug under your control. This means you can obtain the drugs at any time.
The drugs, in a constructive possession, can be anywhere such as a bag, luggage or a room in your home.
Drugs in Georgia are Placed in Categories Called Schedules to Determine the Seriousness of the Drug Offense
Georgia regulates the possession of illegal and prescription drugs. In fact, it uses the same drug schedule as the federal government. The schedule places drugs into different categories depending on the harshness of the drug and whether they are highly addictive.
There are five drugs schedules. The felony drugs are typically in the beginning categories. The least addictive drugs are placed in the latter categories. The drug schedules are as follows:
- Schedule I: Drugs have a high potential for abuse. There is no accepted medical use. Drugs in this schedule include heroin, LSD, THC and MDMA.
- Schedule II: These drugs are highly addictive too. You could develop a physical or psychological dependence. Some of the drugs in this category have an accepted medical use. They are used under severe medical restriction. The drugs included in this schedule include cocaine, morphine, and methadone.
- Schedule III: the control substance has a lower chance of being abused. Anabolic steroids are drugs included in this schedule.
- Schedule IV: Again, the drugs in this category has drugs that have a low tendency of being abused. However, you could still become physically or psychologically addicted to these drugs. Controlled substances in this classification are valium and Xanax.
- Schedule V: Drugs have the lowest potential for abuse. They are the drugs with the lowest chance of addictiveness.
Possessing Drugs in the Categories will Result in a Felony Charge
Marijuana is included in the schedules of controlled substances. However, possessing the drug is not an automatic felony like the other drugs. The amount of time in prison depends on the drug schedule. For instance, any possession of a schedule I or narcotic schedule II drugs is punishable by two to 15 years in prison. Any additional charge has a punishment of five to 30 years in prison.
Possession of any non-narcotic drug in schedule II is punishable by two to 15 years in prison. The penalty also increases for any subsequent convictions. You face five to 30 years in prison.
If you have a drug in the schedule III, IV or V, then your punishment may include one to five years in prison. Any subsequent conviction is punishable by one to 10 years in prison.
If you decided to plead guilty or are found guilty of drug possession, Georgia does have several programs for to help you avoid prison time. In addition to avoiding prison time, you may get the charge and convicted wiped off your record.
Before considering or accepting an alternative sentence, it is important to talk to a lawyer. You have to know the good and bad of accepting an alternative sentence such as what will happen if you do not complete the alternative sentence. In some situations, you may have to complete the original sentence of prison time.
Defenses You can Use to Fight a Felony Possession in Atlanta Georgia
A defense strategy is your best option to challenge the prosecutor’s case and avoid a conviction. A defense either attacks the prosecutor’s case or presents evidence to show that you did not have possession of drugs. These defenses include:
- The drugs were planted on you. This defense claims you did not have drugs on you until someone put them in your pocket or in your belongings.
- You are actually innocent. You present evidence that shows the drugs are not yours.
- The drugs actually belonged to someone else. This is different from having the drugs planted on you. If the charge is a constructive possession it is easier to prove this. The drugs could have been found in your room, but your best friend could have been in your room and stash the drugs before police came.
- You were illegally searched by police. The police violated your Constitutional rights by searching you or your belongings without having the right to do so.
You never thought you would be charged with violating Georgia’s Controlled Substance Act. The act prohibits the use and possession of drugs in Atlanta Georgia. The courts are pretty serious about punishing those who have drugs that violate the Act.
If your loved one is accused of violating the act, you want to everything to help them. One of the first things you can do is understand the Act and how it determines the felony sentence in a drug charge. You also may want to know more about the available defenses available to your loved one to fight their felony drug charge.
Before discussing any defenses, we should focus on the charge of felony possession of a drug. For instance, a drug charge can be a misdemeanor or felony. A misdemeanor is any time where a person spends less than one year in jail. A felony is where a person is sentenced to prison time. The prison time varies from one year to many decades. It also includes the death penalty.
Contact Yeargan & Kert, LLC about Your Felony Possession in Atlanta Georgia
You are accused of having drugs on you or around you. If you are not accused, you are trying to help your loved one who is facing drug charges. We know that you never thought you would be in this situation. No one wants to be facing prison time or see their loved one facing prison time.
However, this is your moment to change the narrative by talking to a lawyer and working on a defense. You may not use one of those defenses discussed above, but there are plenty of defenses available to you.
Contact us immediately. We want to help you get past this drug charge. It does not matter if you want to plea to try to obtain an alternative sentence or you want to fight the drug charge. We are here for you.
We offer a free case evaluation. During this evaluation, the topics of defenses and the facts of the case will be discussed. Contact Yeargan & Kert, LLC today.