Heroin distribution and possession are two of the most serious forms of drug offenses that can be committed in North Carolina. You will be subject to a vigorous prosecution, and if you are found guilty, you might spend many years behind bars. If you have the assistance of a competent criminal defense attorney in Charlotte, you may be able to get the charges dropped or reduced. This depends on the specific circumstances of your case.
Heroin is classified as a Schedule I substance
In our state, there are five different classifications for different types of illegal narcotics. Drugs that are placed in Schedule I are those that are deemed to pose the greatest risk to users, as well as the greatest potential for addiction. Drug offenses that fall under Schedule I are subject to some of the strictest penalties upon conviction. Heroin, along with LSD, ecstasy, and PCP, are classified as Schedule I substances.
Punishments for Being in Possession of Heroin
If law enforcement determines that you have any amount of heroin on your person, they may prosecute you with possession of heroin. Possession can refer to either an actual or a constructive state. What follows is an explanation of each:
Actual possession
Actual possession indicates that the heroin was in your custody and that n
o one else was in charge of it while it was on your person. That would involve carrying the heroin in a pocket or a handbag at the time.
Constructive possession
A charge of constructive possession may be brought against you if the heroin was in close proximity to you and you, together with one or two other people, had control of it. It’s possible that you may be judged to have constructive possession of heroin if it was in a vehicle, your home, or another building that you were in at the time.
Heroin possession is a Class I felony in most jurisdictions. Your past convictions would be taken into consideration when determining your sentence in North Carolina, as required by the state’s sentencing guidelines. In addition to a fine and the suspension or revocation of your driver’s license, the potential sentence ranges from three to twelve months in prison.
Penalties for Possession of Heroin with the Intent to Distribute or Deliver the Substance
If you are apprehended with a significant quantity of heroin, you may be charged with possession with the intent to sell or deliver (PWISD) heroin. This is because PWISD refers to possession of a controlled substance with the intent to sell or deliver. This is a Class H felony, which has a punishment range of between four and twenty-five months in jail.
If there is evidence that you sold the heroin, you might be charged with a Class F felony, the most serious offense possible. You could face anything from eight to thirty-one months in prison if you were found guilty of the charge.
Criminal Consequences of Heroin Trafficking
If you sell, manufacture, distribute, transport, or possess more than four grams of heroin, you could be charged with trafficking in heroin. This is also the case if you distribute heroin. The penalties are significantly more severe compared to those for offenses of possession or PWISD, and they entail a mandatory jail sentence. It is essential to be aware of the fact that you might be charged with this serious offense for merely possessing four grams or more of heroin, even if there is no evidence to suggest that you were selling, manufacturing, or distributing the drugs in question.
Heroin trafficking is a criminal offense; however, the severity of your sentence would be determined by the quantity of heroin you were caught with. You could receive the following sentence if it is your first offense:
- Level One: If you were found to be in possession of between 4 and 14 grams of heroin, you may be charged with a Class F felony. Should the defendant be found guilty, he or she faces a prison sentence of seventy to ninety-three months in addition to a monetary fine of fifty thousand dollars.
- The second level: A Class E felony is committed when an individual possesses between 14 and 28 grams of heroin.
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You could receive a sentence of ninety to one hundred and twenty months in prison as well as a fine of one hundred thousand dollars.
- The third level: A Class C felony charge would be brought against you if you were found to be in possession of more than 28 grams of heroin.
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The sentence would range from 225 to 282 months in jail, in addition to a fine of $500,000.
Are You Seeking a Criminal Defense Attorney in the Greensboro Area, North Carolina?
In Greensboro, North Carolina, our legal team defends clients against felony drug possession charges on a regular basis, in addition to charges of marijuana possession with the intent to sell and distribute. These types of charges are quite common, and we find that law enforcement will frequently charge possession with the intent to sell and deliver marijuana even if the total quantity is less than an ounce and there is really no evidence of selling heroin. This is the case despite the fact that there is no real evidence that the individual was selling heroin.
In a similar vein, cases involving the trafficking of drugs are among the most difficult to resolve in the entire criminal judicial system. Our drug trafficking attorneys in Greensboro take great satisfaction in the fact that we are able to assist clients facing mandatory incarceration because of their involvement in drug trafficking cases. We concentrate on possible suppression concerns, and then we look for a method to first use those problems as a vehicle to negotiate an opportunity for your case. Such problems could involve either the stop or the search. We also take a significant number of drug trafficking cases to trial in Greensboro, North Carolina, and we do everything in our power to secure the most favorable outcome for our clients. Our Greensboro, North Carolina drug trafficking lawyers are ready to assist you, and if you would like more information about our firm, please click here https://www.garrettandwalker.com/