DRUG CHARGES AND MANDATORY MINIMUMS

The North Carolina Controlled Substances Act and the federal Controlled Substances Act layout mandatory minimum penalties for state and federal drug crimes. The key to surviving a drug charge is an experienced criminal defense attorney who can:

• Negotiate with the prosecutor
• Challenge evidence that police seized or handled improperly
• Seek dismissal of charges not supported by evidence
• Create a defense strategy aimed at minimizing any penalties
• Fully understand federal minimum sentencing guidelines, including mitigating and aggravating factors

Schedule a free meeting with a drug offense defense attorney at our office by calling 919-838-6643 or contacting us online.

Mandatory Minimum Sentences In North Carolina

Depending on the type of drug, the action charged (possession, distribution, cultivation, manufacture, etc.), the quantity of drug involved, and any prior criminal history you may have, the North Carolina Sentencing and Policy Commission may have recommended a mandatory minimum sentence for the drug offense. If you are convicted of a drug offense with a mandatory minimum sentence, the judge cannot sentence you to a term that is less than that mandatory minimum unless your criminal defense attorney presents evidence of mitigating factors.

State Mandatory Minimum Drug Sentencing

North Carolina drug law classifies drugs into schedules:

• Schedule I: LSD, ecstasy, heroin, and mescaline
• Schedule II: Opium, cocaine, methadone, methamphetamines, and amphetamines
• Schedule III: Anabolic steroids, testosterone, ketamine, and some depressants
• Schedule IV: Valium, Xanax, tranquilizers, and sedatives
• Schedule V: Tylenol with Codeine.
• Schedule VI: Marijuana

Crimes involving schedule I drugs come with the stiffest penalties, including lengthy prison terms and steep fines. Penalties for drug offenses decrease moving down the list of controlled substance schedules.

Fighting Drug Charges And Mandatory Minimum Sentences

The only way around a mandatory minimum sentence is a strong, effective criminal defense strategy. Contact Marcilliat & Mills PLLC, online or at 919-838-6643 to schedule an appointment with an experienced drug crimes defense lawyer.

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