In this article, you can discover:
- The legal consequences of drug distribution in North Carolina.
- How the amount and type of drug affect charges and sentences.
- What first-time offenders can expect regarding penalties.
Is Drug Distribution In North Carolina Classified As A Misdemeanor Or A Felony?
In North Carolina, drug distribution is charged as a felony. Any sale charge will be classified under this category.
How Do The Amount And Type Of Drug Influence The Charge?
The amount and type of drug play a pivotal role in determining sentencing. Every drug is classified based on schedule and amount, affecting its categorization from simple possession to intent to sell or even trafficking. The transition from possession with intent to sell to trafficking can occur with surprisingly small amounts.
The penalties vary accordingly. For example, selling cocaine can lead to a potential sentence of three to five years. However, if classified as trafficking, the fines can escalate to between $50,000 and $100,000, coupled with a significantly longer jail term.
What Penalties Await Those Convicted Of Drug Distribution In North Carolina?
The primary penalty is incarceration. However, if you avoid an active jail sentence, you will likely face probation and be required to attend specific programs. One is the DART program—a drug diversion initiative that equips individuals with skills to avoid drugs. Fines are also common, ranging from $15,000 to a couple hundred thousand, depending on the drug’s amount, the defendant’s record, and other aggravating factors.
What Are The Prospects Of Jail Or Prison Following A Drug Distribution Charge For First-Time Offenders?
Your fate largely depends on the specific drug involved and the judge overseeing your case. Some judges, regardless of your criminal record, may impose jail time if they consider the drug severe, especially for substances like class one heroin. However, the legal system offers avenues for reduced pleas, potentially resulting in lighter sentences. For lesser scheduled drugs, first-time offenders often receive probation.
For more information on Drug Distribution Charges In North Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (252) 371-0127 today.