Have You Been Charged with Sale of Methamphetamine in Georgia?
Georgia laws punish drug crimes heavily, especially methamphetamine. Possession, sale, manufacturing, and trafficking methamphetamine are all crimes in Georgia, and each has their specific penalties. It is important to have a Lawyer who knows the differences between each offense and how to successfully defend against them. The Office of Lawson and Berry and their team of Georgia Sale of Methamphetamine Lawyers are here to help you defend against any methamphetamine charge that you have. Lawson and Berry bring decades of experience to your case. Your best defense begins here. A charge is not the same as a conviction so call our office today to schedule a free consultation.
Georgia Law on Selling Methamphetamine
Methamphetamine is part of the Schedule II drug/controlled substances in Georgia, which also include cocaine, crack methamphetamine, morphine, opium, and methadone. O.C.G.A. § 16-13-30(b) states it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with intent to distribute any controlled substance. However if found with greater than twenty-eight grams of methamphetamine, the crime will be elevated to trafficking methamphetamine.
Penalty for Selling Methamphetamine in Georgia
The penalty for being charged with selling less than twenty-eight grams of methamphetamine is a prison term of five to thirty years. O.C.G.A. §16-13-30(j)(2). The crime is also classified as a felony. Upon a second or subsequent conviction, the penalty would be a prison term of ten to forty years or there is also a possibility a judge would order life in prison. Anything over twenty-eight grams is considered the crime of trafficking methamphetamine.
Selling methamphetamine within 1,000 feet of school grounds, a park, housing project, or in a drug-free zone has it is own consequences. In any of those situations, the penalty will be a felony punishable by up to twenty years in prison and/or a fine up to $20,000 for the first offense. For a second or subsequent offense, the penalty increases to a minimum of five years in prison but no more than forty years and/or a fine up to $40,000.
One factor that may increase a prison sentence is whether a minor was involved. If a person under the age of 21 years participates in the sale of methamphetamine, then the crime is automatically elevated to a felony and will be punished by a prison term of five to twenty years and/or a fine up to $20,000. O.C.G.A. §16-13-30(k).
All drug possession cases will result in a mandatory suspension of your driver's license. If this is the first offense, then the suspension will last for a minimum of six months. If this is the second offense, the penalty is one-year suspension and a third or subsequent offense results in a 5 year suspension but you will become eligible for a limited-use driving permit after a 2 year hard suspension. However, the limited permit is only available if you have not been convicted or pled nolo to another drug-related offense.
Defenses to Selling Methamphetamine in Georgia
Illegal means: If the methods used to suppress the methamphetamine were unconstitutional, then any evidence obtained will not be allowed in Court.
The police used an illegal stop: One defense available to you that your Sale of Methamphetamine Lawyer in Georgia can investigate is whether the police conducted an illegal stop, detention, or search when they discovered the methamphetamine. Police officers must have a Constitutional basis for both stopping you and searching you. If the stop is found to be unconstitutional, then anything found as a result of the search will be suppressed. If that occurs, your case will be dismissed based on a lack of evidence.
Innocence: Witness testimony or an alibi can be used to help prove your innocence. Any evidence like that can assist in proving your innocence so contact one of our Georgia Sale of Methamphetamine Lawyers today to help with your case.
The amount was incorrect: If you can demonstrate that the amount seized was less than the amount you are charged with, then you would be eligible to have the charged reduced or receive a lesser sentence. Mistakes happen, and the amount of methamphetamine found could have a direct impact on the penalty you will receive.
The amount was not enough to sell: Courts have found that if the amount seized was a small amount; then that could lead to the presumption that the methamphetamine was not going to be used for distribution but instead; for personal use. While there is no set standard for what sum amounts to distribution, the Court decides on a case-by-case basis, and our Sale of Methamphetamine Attorneys in Georgia could use this defense to try and show that you were not attempting to sell methamphetamine.
What are Not Defenses
The drugs did not belong to me: Even if the drugs belonged to someone else, you would still be guilty of selling methamphetamine if you were the one who completed the exchange.
Concerning with intent to distribute on school grounds, whether or not the school was in session will not be a defense. Also, even if the school property was being used for an event that was not school related at the time, it is still not a defense. Lastly, a crime was still committed even if the offense took place on a school vehicle and not at the school. Therefore, none of those defenses would be sufficient.
Georgia Sale of Methamphetamine Lawyers will help you understand your options and will assist you with your case. To schedule a free consultation with one of our Selling Methamphetamine Lawyers in Georgia, contact the Office of Lawson and Berry. Our Attorneys are dedicated to being accessible to their clients—days, nights, weekends, and holidays while working hard on their behalf. Your Georgia Sale of Methamphetamine Attorney will make sure you understand all your options and the good and bad of each. Every sale of methamphetamine 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 and ability to drive are at stake; do not sit around waiting for your case to resolve itself.