Were You Charged with Distribution of a Controlled Substance in Cobb County, Georgia?

Narcotics and other substances that are illegal to possess in Georgia are referred to as controlled substances. It is not, however, only unlawful to possess these substances, but also to manufacture, sell, or distribute them. In fact, allegations of this nature are some of the most serious drug crimes with which a person can be charged. This is why it’s so important for those who have been accused of drug distribution or a similar offense to seek the help of an experienced attorney who can help them build a strong defense.

Distribution of Schedule I or II Substances 

Under Georgia law, the distribution of Schedule I or Schedule II controlled substances is a felony offense and conviction comes with imprisonment of no less than five, but up to 30 years. A second conviction is punished even more harshly with a minimum sentence of ten years, but up to 40 years.

Distribution of Schedule III, IV, or V Controlled Substances

 The severity of the penalties for a distribution conviction are much lower when the drugs in question fall under the category of Schedule III, IV, or V controlled substances. Those who are convicted of distributing these types of substances still, however, face at least a year and up to ten years in prison. There are also exceptions to this general rule. For instance, if a person is found guilty of distributing flunitrazepam, he or she will be sentenced to at least five years imprisonment, even though this drug qualifies as a Schedule IV controlled substance. For a second offense of this nature, the minimum sentence is ten years.

Distribution of a Counterfeit Substance 

It may come as a surprise that in Georgia, a person can be convicted of distributing a controlled substance even when the substance in question ends up being counterfeit. In these cases, conviction comes with at least a year in prison.

Defenses to Drug Distribution Charges 

Fortunately, just because someone is charged with drug distribution in Georgia does not mean that he or she will automatically be convicted. Instead, defendants have the right to strategize and come up with a strong defense to these allegations. These defenses often rest on one or more of the following arguments:

• Law enforcement officers conducted an illegal stop, detention, or search when they discovered the evidence being used against the defendant;
• The amount of the drug seized was so small as to be presumed to be for personal use;
• The defendant is the victim of mistaken identity;
• Eyewitness testimony absolves the defendant;
• The defendant has an alibi; and
• The accused was the victim of entrapment.

Please call our legal team for help determining whether any of these arguments could be used to defend yourself against pending drug charges.

Cobb County Drug Distribution Lawyer 

As a former prosecutor, experienced Cobb County drug distribution attorney Andrew L. Schwartz, P.C. is well-versed in the kinds of tactics that the state uses to obtain convictions. Call us at 678-853-2500 to put this experience to use in your own case.

Sources:

 law.justia.com/codes/georgia/2022/title-16/chapter-13/article-2/part-1/section-16-13-30/

clery.emory.edu/policies/penalties.html