Drug trafficking charges are sentenced based on quantity in North Carolina. Every charge carries with it a mandatory minimum sentence, meaning even if you’re a first offender, if you’re convicted of drug trafficking you will face a mandatory active sentence. The length of the sentence varies and is based on the type of drug, and the quantity of that drug that you’re either caught with or alleged to have conspired to distribute.
Drug trafficking charges in Greensboro, NC are very common as we’re on the I-40 and I-85 corridor which is known to maneuver drugs from the west coast and up and down the east coast. Our Greensboro Drug Trafficking Lawyers have helped clients with countless drug trafficking charges through the years and have been able to save many from the mandatory active sentences they were facing. Let’s take a deeper look at drug trafficking charges, their sentences and how a Greensboro Drug Trafficking case works.
For starters, we prepared the chart above to give you a better idea of what you’re facing. Most law enforcement officers aren’t going to put on your warrant the exact amount of the drug you were caught with but rather you’ll be charged with trafficking in drugs within the range on the chart. For instance, if you were found to in possession of 7 grams of heroin, the officer would most likely charge you with trafficking in heroin between 4 – 14 grams. As you look at the chart you’d be facing a mandatory minimum sentence of 70 months in prison if convicted. But the drug trafficking analysis doesn’t end there, because bear in mind you can be charged with multiple counts of drug trafficking for the same situation.
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For example, you get into your car, you have two ounces of cocaine and you’re set to head out of town for the weekend. Police stop you, allege they have probable cause to search, and they find the two ounces. You would be charged with trafficking in cocaine between 28 grams and 199 grams. But they would charge you with different counts of trafficking for each trafficking act. You would be charged with trafficking cocaine by possession, because it was in your car, you were driving the drugs, so you would be charged with trafficking cocaine by transportation, because of the quantity they would charge you with trafficking in cocaine by sale, and perhaps if it was part of an investigation they may charge you with conspiracy to traffic cocaine.
Trafficking in Cocaine between 28 grams and 199 grams, carries a mandatory minimum of 35 months up to 51 months in prison. But in the example above, you could be facing four counts of trafficking in cocaine, which could be run consecutive, meaning you’re facing 35 – 51 Months x 4. That’s a lot of time and this is why it’s vital to speak with a top rated drug trafficking lawyer as soon as you possibly can so we can make a plan to help you with your drug trafficking charge.
Also, it’s important to note that conspiracy to traffic drugs carries the same sentence as trafficking. In the example above, if you were charged with conspiracy to traffic cocaine 28 – 199 grams, you would be facing to 35 – 51 months, the same sentence for trafficking cocaine.
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Sadly, the answer is no. The drug trafficking statute reads any combination thereof, meaning that if you have one gram of cocaine in an ounce of baking soda (1 gram of cocaine + 28 grams of baking soda = 29 gram mixture of cocaine and baking soda), if the lab test comes back that the mixture contained cocaine, the whole mixture quantity would be used against you. Meaning you would be charged with trafficking in cocaine though the mixture only had one measly gram of cocaine. Another common area we see this issue come up is with pills.
In North Carolina, the trafficking in opium or heroin statute is not very forgiving because it takes only 4 grams to be charged with trafficking in heroin. Let’s say your caught with 100 oxycodone pills., each pill weighs roughly .1 gram, but it’s a pill that contains multiple ingredients plus the weight of the capsule itself. The dilemma is that the total weight of those 100 pills is 10 grams, which means they would charge you with trafficking heroin between 4 – 14 grams, carrying a mandatory minimum of 70 months in prison.
This same concept, of weighing the entire mixture to determine drug trafficking weight, holds true for every illegal drug in North Carolina. 1 actual gram of cocaine in a kilo of protein powder, can be charged as trafficking in cocaine 400 grams or more facing a mandatory minimum of 175 months in prison…yikes. We’ve had clients attempt to flush their drugs or stick in bottles of water to dilute it, the dilemma there is if they ca get a quantity off of it, you will be charged for trafficking in the substance which is the combination of the fluid it’s in as well as the amount of the drug in that fluid. Please be careful, sometimes the best ideas can backfire on you.
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As you look at the drug trafficking chart, you will also see that each count of drug trafficking carries with it a mandatory minimum fine if convicted. So as if they punishment, spending a mandatory amount of time in prison wasn’t enough, well you also would have to deal with a mandatory fine. For instance, trafficking in marijuana between 10 – 49 pounds, carries a mandatory minimum fine of $5, 000. But if you move on down the chart to trafficking heroin in excess of 28 grams, one count carries a mandatory fine of $500, 000. Let’s not forget the fact that is with serving 225 Months minimum in prison.
Attempted trafficking is a reduction of a trafficking charge and the advantage of having a drug trafficking charge reduced to attempted is it takes the case away from the mandatory sentences in the chart above and places your case on regular sentencing chart which we’ve included below.
For instance, let’s say you’re charged with trafficking marijuana between 10 pounds and 49 pounds. If convicted it’s a Class H felony and you would serve a 25 – 39 Month Active sentence with a $5, 000 fine. However, if our drug trafficking lawyers in Greensboro, could have the District Attorney agree to reduce your charge to attempted drug trafficking in marijuana, this would move your sentence to the North Carolina Felony Sentencing chart, where your sentence is based on the Class of the Felony and your record level.
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For instance, if you’re a first offender. Never had a charge in your life. Your found to be in possession of an ounce of cocaine. This is a Class G trafficking offense, facing a mandatory active sentence of 35 months in prison with a $50, 000 fine. Our Greensboro drug trafficking attorneys negotiate with the DA, explain there are issues with the stop or search, and the District Attorney comes decides it fair to offer Attempted Drug Trafficking as a reduction. This means you would no longer be on the trafficking chart with mandatory minimums and mandatory fines but you would be on the chart below.
Because it’s a Class G Trafficking Offense, if reduced to Attempted Trafficking we would move over to the Row Labeled G on the Felony Sentencing Chart. In the example, the person is a first offender with no prior record or convictions, so they’d be in the first column of boxes labeled ‘I’ at the top. It’s like a game of battleship, line up the G with the I and you end up in a box with I / A at the top of it. I stands for Intermediate Punishment and A stands for Active Punishment. Meaning as a first offender if the DA reduces the charge to Attempted Drug Trafficking in Cocaine, then you could get probation or an active sentence. Bear in mind, that typically, if the DA gives a reduction to Attempted Drug Trafficking they are usually still going to request an active sentence. And remember, in most Drug Trafficking cases, you’re charged with multiple counts. A DA may reduce it to attempted and request consecutive active sentences of 13 months minimum. Meaning the DA gives attempted, gets rid of the mandatory 35 Month Sentence and the Mandatory $50, 000 fine, but gives you two consecutive 13 month sentences, giving you a minimum of 26 Months in prison with no mandatory fine.
Now the DA could leave the offer open, or offer you probation as well, but in a majority of these situations, if a District Attorney is willing to give a reduction to attempted drug trafficking, it will carry with it a decent amount of time in custody, though not as much time as you’d receive if convicted of felony drug trafficking in Greensboro, NC.
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We most certainly can. Our drug trafficking lawyers bring vast experience handling complex drug trafficking cases. We
As you look at the drug trafficking chart, you will also see that each count of drug trafficking carries with it a mandatory minimum fine if convicted. So as if they punishment, spending a mandatory amount of time in prison wasn’t enough, well you also would have to deal with a mandatory fine. For instance, trafficking in marijuana between 10 – 49 pounds, carries a mandatory minimum fine of $5, 000. But if you move on down the chart to trafficking heroin in excess of 28 grams, one count carries a mandatory fine of $500, 000. Let’s not forget the fact that is with serving 225 Months minimum in prison.
Attempted trafficking is a reduction of a trafficking charge and the advantage of having a drug trafficking charge reduced to attempted is it takes the case away from the mandatory sentences in the chart above and places your case on regular sentencing chart which we’ve included below.
For instance, let’s say you’re charged with trafficking marijuana between 10 pounds and 49 pounds. If convicted it’s a Class H felony and you would serve a 25 – 39 Month Active sentence with a $5, 000 fine. However, if our drug trafficking lawyers in Greensboro, could have the District Attorney agree to reduce your charge to attempted drug trafficking in marijuana, this would move your sentence to the North Carolina Felony Sentencing chart, where your sentence is based on the Class of the Felony and your record level.
Raleigh Drug Crimes Attorney
For instance, if you’re a first offender. Never had a charge in your life. Your found to be in possession of an ounce of cocaine. This is a Class G trafficking offense, facing a mandatory active sentence of 35 months in prison with a $50, 000 fine. Our Greensboro drug trafficking attorneys negotiate with the DA, explain there are issues with the stop or search, and the District Attorney comes decides it fair to offer Attempted Drug Trafficking as a reduction. This means you would no longer be on the trafficking chart with mandatory minimums and mandatory fines but you would be on the chart below.
Because it’s a Class G Trafficking Offense, if reduced to Attempted Trafficking we would move over to the Row Labeled G on the Felony Sentencing Chart. In the example, the person is a first offender with no prior record or convictions, so they’d be in the first column of boxes labeled ‘I’ at the top. It’s like a game of battleship, line up the G with the I and you end up in a box with I / A at the top of it. I stands for Intermediate Punishment and A stands for Active Punishment. Meaning as a first offender if the DA reduces the charge to Attempted Drug Trafficking in Cocaine, then you could get probation or an active sentence. Bear in mind, that typically, if the DA gives a reduction to Attempted Drug Trafficking they are usually still going to request an active sentence. And remember, in most Drug Trafficking cases, you’re charged with multiple counts. A DA may reduce it to attempted and request consecutive active sentences of 13 months minimum. Meaning the DA gives attempted, gets rid of the mandatory 35 Month Sentence and the Mandatory $50, 000 fine, but gives you two consecutive 13 month sentences, giving you a minimum of 26 Months in prison with no mandatory fine.
Now the DA could leave the offer open, or offer you probation as well, but in a majority of these situations, if a District Attorney is willing to give a reduction to attempted drug trafficking, it will carry with it a decent amount of time in custody, though not as much time as you’d receive if convicted of felony drug trafficking in Greensboro, NC.
Best Greensboro, Nc Drug & Alcohol Violations Attorneys
We most certainly can. Our drug trafficking lawyers bring vast experience handling complex drug trafficking cases. We
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