Have You Been Charged with Attempt or Conspiracy to Commit a Drug-Related Crime in Georgia?
Attempt or conspiracy to commit a drug-related crime occurs when an individual attempts a drug-related crime, and it fails before it is completed. This includes an attempt to manufacture cocaine, possession with intent to distribute a Schedule I substance, conspiracy to traffic marijuana, and many more crimes. Some states require that the suspect come dangerously close to completing the offense while other states have a less strict standard. It is important to know exactly what your state says and the defenses that go along with it. Lawson and Berry and their team of Georgia Attempt to Commit a Drug-Related Crime Attorneys have over 20 years experience and are here to help you with your case. Don't wait to contact us.
O.C.G.A. § 16-13-33
Any person who attempts or conspires to commit any offense defined in this article shall be, upon conviction thereof, punished by imprisonment not exceeding the maximum punishment prescribed for the offense, the commission of which was the object of the attempt or conspiracy.
Georgia Case Law
A man was convicted of conspiracy to manufacture methamphetamine among other crimes in Edwards v. State. The defendant, Edwards, purchased two tanks of anhydrous ammonia, which is commonly used to manufacture methamphetamine. The store noticed the police who obtained a search warrant for his residence. A search of the mobile home revealed recipes for producing methamphetamine along with digital scales. The Court concluded that there was sufficient evidence to find Edwards guilty of conspiracy to manufacture methamphetamine. 306 Ga. App. 713, (2010).
An undercover officer arranged to meet with some dealers to purchase some marijuana. The officer spoke to the driver of the vehicle, Woods, who told his passenger to show the detective the money. While another person was inspecting the marijuana, shots were fired, and Woods was apprehended after a brief chase. During the trial, Woods argued that he was not an active participant in the transaction but only had a mere presence at the scene. However, the Court found that Woods played an active role and there was sufficient evidence to find him guilty of attempt to possess marijuana with intent to distribute. Woods v. State, 279 Ga. 28, (2005).
Georgia courts have found that conspiracy to possess marijuana with intent to distribute is not a lesser included offense of possession of marijuana. Rowe v. State, 181 Ga. App. 492, (1987).
The Penalty for Attempt to Commit a Drug-Related Crime in Georgia
A person convicted of attempt or conspiracy to commit a drug-related crime in Georgia will be punished according to the punishment prescribed if the offense had been committed. The punishment cannot exceed the maximums if the crime had been committed.
For example, if a person is convicted of selling less than 10 pounds of marijuana, the punishment is a prison term between one and ten years. Moreover, a conviction for attempt to sell marijuana would result in a prison term between one and ten years.
If the attempted crime was a misdemeanor, the penalty will be punished as a misdemeanor.
Attempt charges can carry the same stigma as if the accused committed the intended crime. This may also make it difficult for the accused to find employment.
Defenses to Attempt in Georgia
Legal Impossibility: A defendant cannot be guilty of attempting to do something that is not a crime just because they thought it was a crime. Therefore, if the defendant tried to do something that was not a crime, then his acts do not constitute a crime.
Lack of Intent: If the defendant did not have the intent to commit the crime or attempt the crime, then they cannot be guilty.
Abandoned Effort: If the defendant took reasonable steps to abandon their efforts, then the accused may use this as their defense against a conviction for attempt.
I was convicted of the crime: A defendant cannot be guilty of both possession of marijuana and attempted possession of marijuana. If he is found guilty of possession of marijuana, then he cannot be guilty of an attempt to possess marijuana.
Georgia Attempt or Conspiracy to Commit a Drug-Related Crime Lawyers will help you understand your options and will assist you with your case. Our Attorneys are dedicated to being accessible to their clients—days, nights, weekends, and holidays while working hard on their behalf. Every attempt or conspiracy to commit a drug-related crime case is unique, and our Attorneys will work with you to formulate the best possible defense for your situation. They will advise you on the best approach to take for your case based on their many years of experience. Your future is at stake. Do not sit around waiting for your case to resolve itself. Call now to schedule a free case evaluation.