The punishment for drug possession with intent to sell is harsh throughout the country, and Georgia laws are no exception. Being caught with a significant amount of drugs of any type could put you at risk of being arrested and facing drug trafficking charges. Drug-selling and trafficking penalties can range from probation to life imprisonment.
If you have been charged with drug crimes such as possession with intent to sell or drug trafficking, it’s vital to seek an attorney’s help as soon as possible. Criminal defense lawyers know how to fight for your rights under both state and federal laws so that you have a chance to avoid the most serious consequences connected to these charges.
But how long can you go to jail for selling drugs, and what can you expect once you have been arrested? Here’s what you need to know.
Understanding Georgia Drug Sale Penalties and Why Jail Sentences Vary
So exactly how long can you go to jail for selling drugs in Georgia? The answer will depend on the type and amount of the drug that was found on your person or property at the time of the arrest.
Keep in mind that some drug-selling charges are misdemeanors, which come with less severe consequences. But trafficking charges have mandatory minimum sentences because they’re felonies.
There is also more leniency in sentencing guidelines when it comes to first offenders. The First Offender Act allows people with no previous convictions to plead guilty or no contest. Once they complete their sentence, the charge is dismissed, and the record is sealed from public background checks.
Sometimes, judges decide on minimum sentences. That occurs if your charges involve simple distribution or possession. If you’re charged with drug trafficking, however, the judge must typically impose the mandatory minimum sentences. Even a first trafficking offense can result in prison, earning you at least five years behind bars.
Here’s a closer look at what factors can influence drug trafficking penalties:
How the Type and Amount of a Drug Can Affect a Georgia Sentence
The first thing to understand is that drug sale criminal penalties depend on the type of drug involved. The Drug Enforcement Administration (DEA) divides controlled substances into different categories, or schedules. Drug scheduling significantly impacts criminal charges.
Schedule I and Schedule II drugs come with the most serious consequences. These substances have no accepted medical use and can rapidly cause physical and psychological dependence. If you’re caught with any amount of these substances, you can automatically face felony charges. These drugs include:
- Cocaine
- Methamphetamine
- Heroin
- Fentanyl
- LSD
Weight plays a key role here. Crossing a certain weight threshold can turn a possession or distribution charge into a drug trafficking one.
According to the codified sentence ranges in Georgia, if you’re caught with less than one gram of a Schedule I or II drug, you could face one to three years in prison. If there are signs that there was intent to distribute, that prison sentence can increase to between five and 30 years.
It’s important to note that possessing just one gram of LSD can mean trafficking charges. Having 28 grams or more of Schedule I and II drugs is considered drug trafficking, and you could be sentenced to a minimum of 10 years.
Schedule III, IV, and V drugs typically involve lighter sentences because they can be legal to possess if you are under medical supervision and have a valid prescription.
If you don’t, then the amount of the drug in your possession heightens the penalties, along with whether you have prior convictions. A conviction for possession of a controlled substance with intent to distribute in these schedules can mean one to 10 years in prison.
The Unique Guidelines Surrounding Marijuana
Vitally, drug dealing sentencing guidelines involving marijuana are unique. Because a small amount points to personal use, you could be looking at these consequences if you’re found with less than an ounce of marijuana on you:
- Misdemeanor charges
- Fines of up to $1,000
- Up to 12 months in county jail
- Possibly the need to perform community service
Having more than one ounce of marijuana in your possession is automatically upgraded to a felony charge, though, and could mean facing up to 10 years in prison, higher fines, and a criminal record. Marijuana trafficking, which involves at least 10 pounds of the drug, carries a mandatory minimum sentence of five years.
Additional Circumstances That Can Increase the Penalties for Selling Drugs
You can have a much more severe drug-selling jail sentence in Georgia if you have prior offenses. Under the Controlled Substances Act, being frequently convicted of selling drugs can earn you a multi-year prison sentence.
There are other aggravating factors that could increase your selling controlled substances charges and hike any drug trafficking prison sentence. If you were in possession of a firearm during a drug offense, for example, the penalties increase exponentially.
The same applies if you were distributing drugs near minors. If you sell drugs near schools, you could face life imprisonment. If you rely on people under the age of 17 to distribute drugs for you, that could mean an additional five to 20 years behind bars.
Crossing state lines can involve the federal court system. The felony drug sale charges will be different from state ones, and you could end up with a life sentence.
If there is serious bodily injury that takes place during the incident that leads to your arrest, drug sales sentencing laws require harsher penalties than for non-violent offenses.
Beyond Jail Time: Other Consequences of a Georgia Drug Conviction
Drug offenders facing charges of Georgia possession with intent to distribute don’t just have prison sentences at stake. Drug crimes can mean severe fines to cover court costs and other expenses. You may also have a mandatory driver’s license suspension. Any drug-related conviction in Georgia can trigger this consequence.
For a first offense, you may lose your license for at least six months, while subsequent offenses could mean up to five years of a suspended license. To reinstate a license after drug possession crimes, you will typically need to complete a risk reduction program approved by the Department of Driver Services (DDS).
Drug distribution conviction consequences will also impact your livelihood. Most professional licensing boards require background checks to offer credentials. If you have a criminal record, you might not be able to obtain or renew your license.
Since Georgia is an at-will employment state, employers have the right to deny you employment or terminate you if they learn of your criminal record involving illicit substances. That’s the case even for simple drug possession crimes if they result in felonies.
Housing could be a problem, as well. After serving your sentence for possessing, manufacturing, selling, or transporting drugs, it can be difficult to find landlords who will be willing to rent their properties to felons. Public housing may not be available, either.
Whether you face federal trafficking penalties or sentencing for a simpler controlled substance offense, you can lose your right to possess a firearm. If you’re not a citizen of the United States, you could also struggle with immigration procedures. Serious drug charges could mean deportation.
What Happens After a Drug Sale Arrest in Georgia?
If you’re arrested for possession of illegal drugs in Georgia, understanding your rights and what to expect from the process is essential.
You’ll likely be taken to county jail, where you will be booked. Your fingerprints will be recorded, and you’ll be placed in a holding cell until your first appearance in court. That typically occurs within 48 to 72 hours of arrest.
In court, the judge will read the drug distribution charges you face and set bail. For possessing drugs with an intent to sell (especially Schedule IV and Schedule V drugs), bail will likely not be very high. That’s normally not the case for charges involving serious injury, the breaking of federal drug laws, or drug trafficking, though.
The state has 90 days to formally indict you, or they must allow you out on bail. During the arraignment, you will be asked to present an initial plea. Your attorney can gather evidence and put together an appropriate defense. They may also work with the prosecution to come up with a plea bargain, since that could help you avoid the most severe drug-selling or drug trafficking penalties.
If you can’t reach a plea agreement, there will probably be a trial. If you’re found guilty, the severity of the crime will dictate your sentence. For first-time offenders, you may be entitled to alternative sentencing to avoid a permanent criminal record.
How a Georgia Criminal Defense Attorney Can Protect Your Rights in a Drug Case
Illegal drug sales penalties are harsh in Georgia. You could end up serving decades behind bars if you don’t have an experienced lawyer by your side. A lawyer can assess all of the evidence against you and challenge what the prosecution claims.
One type of defense your attorney might use is showing that the drugs were not yours. This can be done by proving mistaken identity, for example. They’ll also look at how the arrest that led to the charges occurred. Was there a legal reason for law enforcement to search your vehicle, person, or home? If there wasn’t, then anything that they found during that search might be inadmissible in court.
Additionally, a lawyer can fight to show that the prosecution did not meet the threshold of evidence needed to prove you’re guilty beyond a reasonable doubt. If there isn’t enough evidence, the case could be dropped. For those who are eligible, a lawyer could argue for alternative sentencing or reduced charges, as well.
Don’t Wait to Protect Your Future
At Bulldog Law Firm, we know just how difficult it can be to navigate the criminal justice system. We counter charges with strategic defense and a focus on minimizing consequences while safeguarding your rights at every turn.
Don’t put yourself at further risk of getting a jail sentence for drug selling in GA when help is available. Contact us to speak with a dedicated and fierce attorney today.
