The Drug Crimes Practice at Jason Clark, P.C.
Georgia law defines domestic violence offenses as acts of “family violence.” In other words, any violent act against someone defined by the law as “family” can result in a domestic violence or family violence charge.
- Drug possession
- Drug trafficking
- Intent to distribute
- Drug distribution
The severity of these charges, as well as the potential penalties that can be imposed upon conviction, will typically vary according to:
The Type or Schedule of the Drug
Drugs are classified according to different “schedules,” based on how dangerous and/or addictive they are. Schedule I drugs, such as heroin and ecstasy, are considered to be the most dangerous drugs and, therefore, are typically associated with some of the harshest charges and penalties. In contrast, schedule IV drugs, such as valium, are generally associated with lesser charges and penalties.
The Amount of the Drug
Failing to abide by the terms of protective orders can result in new criminal charges, which are usually misdemeanors (unless the violation itself also involved another offense like, for instance stalking, or unless the individual has a history of violating these types of orders).
The Criminal History of the Accused
The criminal justice system generally goes easier on first-time offenders (as long as there were no aggravating circumstances, like a death, involved). If, however, the accused person has a history of drug convictions or other offenses, the charges in a subsequent case can be more serious as a result of this record/history.
Drug Crime Charges in Georgia: More Important Information
Deferred or Suspended Sentences
In some cases, especially first-time drug cases, those convicted of drug crimes may be able to get a deferred or suspended jail sentence in exchange for completing a drug treatment program (and possibly other requirements, such as probation).
Drug Crime Defense Options
There can be various defense options in drug crime cases, depending on the details of the case. While an experienced attorney like Jason Clark can inform you of your best defense options, in general, some possibilities include that:
- The drugs were found during an illegal search, violating the accused person’s Fourth Amendment rights.
- The drugs did not belong to the accused person, and (s)he did not know about them.