Serving Are Drug Crimes Felonies?
The fact is that drug crimes can be either felonies or misdemeanors, and while felony charges are more serious than misdemeanors, either can seriously disrupt your future – and every drug charge should be taken seriously. Because there is a lot at stake, you shouldn’t wait to consult with an experienced Conway drug charge defense attorney.
Misdemeanors vs. Felonies
The line that divides misdemeanors from felonies in South Carolina is the length of the sentence that applies. Typically, any crime that carries a potential sentence of five (5) years or more is classified as a felony. However, South Carolina has serious misdemeanors that can carry sentences of up to three (3) years in prison. Almost any crime in South Carolina that has a potential sentence of more than ninety (90) days is transferred to General Sessions or High Court for prosecution. Additionally, a conviction for any crime that has a potential sentence of over one (1) year, even if you pay a fine or receive a sentence of time served, dramatically affects many of your Constitutional Rights, regardless of its classification.
How Drug Charges Are Classified
The drug charge you face will depend on a range of variables that include the kind of drug in question, the amount of the drug, your intention regarding the drug, and whether or not the charge is your first. While simple possession is generally a misdemeanor, charges related to manufacturing, distribution, or trafficking are serious felonies that come with hefty prison sentences to show for it. A “conviction” for most drugs, other than marijuana, whether classified as a misdemeanor or felony, will substantially affect your rights, especially your rights about firearms possession. Additionally, a conviction for a second or subsequent offense possession of most drugs, other than marijuana, is classified as a felony.
A Note about Marijuana
While you are no doubt aware that most of the country has loosened its position on marijuana and that many states have even made recreational use legal, this is not the case in South Carolina. A simple possession charge of less than 28 grams of marijuana is a misdemeanor that carries up to 30 days of jail time and is typically handled in Magistrate or Municipal Court. Any amount over 28 grams can be charged as possession with intent to distribute, a Felony that carries up to five (5) years in prison. At the 10-pound mark, however, the charge is increased to trafficking. Only the simple possession charge is a misdemeanor.
Bringing Your Strongest Defense
Regardless of whether the drug charge against you is a misdemeanor or a felony, bringing your strongest defense is paramount, and for that, you need a practiced drug charge defense lawyer in your corner. Your skilled legal advocate will take on each of the following in pursuit of your case’s best possible resolution:
- They will help you navigate the criminal justice system with your rights intact and help you make well-informed decisions throughout.
- Weaving the available evidence into a tight defense.
- Skillfully engaging in robust negotiations with the prosecution – in a focused effort to have the charge against you dropped if that is a possibility or to effect a favorable plea deal if it is not – as applicable.
- Never shy away from taking your case all the way to trial when doing so is determined to be in your best interest.
An Experienced Conway Drug Charge Defense Lawyer Is on Your Side
Brad Richardson at The Law Office of Brad C. Richardson is a formidable Conway drug charge defense attorney who appreciates how serious your situation is and will leave no stone unturned in his tireless efforts to help. Learn more about what we can do for you by reaching out and contacting us online or calling us at (843) 488-4321 today.