Henderson Drug Crimes Attorney

A drug-related charge can destroy your good reputation and take away your freedom. The Henderson Police Department is serious about taking out drug possession charges and will try its hardest to penalize you to the fullest extent of the law. The penalties you can face for possessing heroin, cocaine, methamphetamine, or marijuana depend on the type of drug and circumstances of your arrest and can land you with months or years in jail, hefty fines, and a permanent criminal record. If you’re up against drug-related charges in North Carolina, don’t go into battle without help from a trusted Henderson drug crimes attorney at the Scharff Law Firm.

Penalties for Drug Possession in North Carolina

North Carolina law classifies all well-known drugs and their manufacturing compounds as controlled dangerous substances (CDS). This means you could get into legal trouble for having the ingredients to make a drug, even without the drug, itself. You can face charges for possession, sale, and distribution of drugs in North Carolina. There are six classifications, or “schedules,” of CDS possession:

  • Schedule I. The most dangerous and addictive drugs, such as LSD, heroin, and ecstasy. Possession of Schedule I drugs is a Class I felony, punishable by 3 to 24 months in state prison and fines.
  • Schedule II. Slightly less dangerous than Schedule I, but still highly addictive. These drugs include cocaine, methadone, methamphetamines, and opium. Class 1 misdemeanor with penalties of 1 to 120 days in jail and fines.
  • Schedule III. These drugs are addictive but also have medicinal purposes. They include depressants, anabolic steroids, and ketamine, among others. Class 1 misdemeanor.
  • Schedule IV. Schedule IV drugs include prescription medications that doctors give out despite being addictive. This can include Valium, Xanax, and sedatives. Unlawful possession of these drugs is a Class 1 misdemeanor.
  • Schedule V. These are prescription drugs with a low addiction risk, such as those with the ingredient codeine. Possession is a Class 2 misdemeanor, punishable with 1 to 60 days in jail.
  • Schedule VI. These drugs have low risk of addiction and no medical use. North Carolina classifies marijuana as a Schedule IV. Possession is generally a Class 3 misdemeanor, carrying a potential punishment of just a fine only to 20 days in jail.

In North Carolina, depending on your criminal record, the possession of small amounts (less than half an ounce) of marijuana is only punishable by a fine with no jail time or probation. There is no jail time for this offense, but one may be subject to fines. However, possession of larger amounts of marijuana (more than one-half ounce) is punished as a Class 1 misdemeanor, carrying up to 120 days in jail. If you’re caught with more than 1.5 ounces of marijuana, it’s a Class I felony and you could face up to two years in prison. A good Henderson criminal defense lawyer significantly improves your odds of reducing or avoiding penalties for drug possession.

Hire a Local Henderson Drug Crimes Lawyer and Fight Against Charges

Drug charges can stay on your permanent record forever. Contact Scharff Law Firm as soon as possible after a drug-related charge in North Carolina. The penalties, if convicted, will depend on the circumstances of your arrest and any prior criminal record you have. No matter how bleak you believe your prospects are, a capable attorney can help. An experienced lawyer can explain the possible consequences, review the facts of your case, and give you options for a defense.

Whether you’re facing legal repercussions for possessing, selling, or trafficking CDS (Controlled Dangerous Substances) in North Carolina, come to Scharff Law Firm for help. Our attorneys are former prosecutors, giving us an edge in the courtroom as defense lawyers. We can help you receive equal and fair treatment under the law and potentially help you avoid the worst penalties for your particular charges. To learn your rights and discover your options moving forward, contact us for a free consultation with a Henderson drug crimes attorney.