Possession of Cocaine in Cobb County

In Georgia, all drug crimes are punished heavily, but those involving Schedule I and II drugs are penalized particularly harshly. As a Schedule II drug, cocaine falls under this category, which means that it is illegal to purchase, possess, or have under one’s control. Those who are found to have violated this law face significant penalties, including jail time and hefty fines. It is, however, important to remember that a charge of cocaine possession is not the same thing as a conviction, which is why defendants who have been accused of this offense should be sure to start working with an experienced attorney on their defense as soon as possible.

What Prosecutors Need to Prove

 In order to convict someone of possessing cocaine in Georgia, prosecutors must be able to establish that a defendant is guilty beyond a reasonable doubt of possessing the illegal substance. In fact, a person doesn’t have to be in actual  possession of cocaine to be convicted of this offense if a prosecutor can prove that the defendant constructively possessed the substance. This means that the defendant knowingly had the power and intention at a given time to exercise control over the substance in question. Being near the drug, however, isn’t enough to satisfy this requirement. Instead, the state will need to establish a more specific link between the defendant and the cocaine.

Penalties for Conviction 

When prosecutors are able to meet their burden of proof, a person can be convicted of the felony offense of possessing cocaine. The penalties for such a conviction will depend on the amount of the substance seized. If, for instance, the weight of the substance is less than one gram, then the defendant will face between one and three years in prison. If, however, the amount is between one and four grams, the sentence will increase to a maximum of eight years. Finally, for weights between four and 28 grams, a person could be sentenced to up to 15 years in prison.

The amount of the substance is not the only factor that can affect the severity of a defendant’s penalties if convicted. Prior convictions, for instance, could come into play, with those who are convicted of a third or subsequent drug offense facing a prison term that is up to twice the length of the usual applicable sentence.

Defenses to Charges of Cocaine Possession 

Those who are accused of cocaine possession in Georgia have the right to raise a strong defense on their own behalf. A defense strategy could involve a number of arguments, including:

• Lack of knowledge, which applies in cases where the accused wasn’t aware that the substance was being stored in their home or vehicle;
• Illegal stop, search, or detention by police officers, which will result in the suppression of any evidence found because of that stop;
• Entrapment, which occurs when law enforcement officers induced a defendant to commit a crime; and
• Insufficient evidence, which applies if the proof is not enough to establish guilt beyond a reasonable doubt.

To learn more about the defenses you could raise in your own case, please reach out to our legal team today.

Cobb County Drug Possession Lawyer 

If you have been accused of cocaine possession in Georgia, you could be facing steep penalties if convicted. Call us at 678-853-2500 to set up a consultation with experienced Cobb County drug possession lawyer Andrew L. Schwartz, P.C. today.

 Source:

clery.emory.edu/policies/penalties.html