Winston-Salem Drug Crime Lawyer

Dedicated Drug Crimes Attorney in Winston-Salem

Winston-Salem is considered to be one of the top places to live in North Carolina. In order to keep that prestigious status, there is an incentive to reduce Drug Crimes by increasing the charges. If you are being investigated or charged with Drug Crimes you could be facing severe penalties including jail time, costly fines and mandatory treatment courses, and should hire a Winston-Salem drug crime lawyer immediately.

At LAWSMITH, The Law Offices of J. Scott Smith, PLLC, we are sensitive to these cases and our drug charges lawyers are ready to aggressively defend our clients. Immediately after an arrest for a drug crime is made, you must take action to ensure your best interest and retain representation of an experienced criminal law trial attorney.

Winston-Salem Drug Crimes Defense

Visit us immediately if you have been arrested for a drug smuggling crime.

Drug Crimes In Winston-Salem

North Carolina recognizes six schedules of controlled substances. These schedules are lengthy and include various substances. There are several categories of Drug Crimes in North Carolina, including:

• Drug trafficking
• Manufacturing or cultivating controlled substances
• Operating a vehicle while under the influence
• Possession of illegal or controlled substances
• Possession with intent to distribute
• Prescription drug crimes
• Sale of drugs to minors

The highest priority should go to contacting a trusted Winston-Salem Drug Crimes attorney as each case is unique and an experienced lawyer can help you understand the specific charges and penalties you may be up against.

Misdemeanor vs. Felony Drug Crimes

Whether a drug crime is considered a misdemeanor or a felony in the Tar Heel State typically depends on factors such as what type of drug you had, how much of it you had, and your prior record. Even misdemeanor drug charges can create a permanent criminal record that could impact your life moving forward, but felony charges have more significant penalties.

North Carolina divides all controlled substances into six schedules, laid out in N.C.G.S. 90-89 through 90-94. N.C.G.S. 90-95 delineates drug crime penalties according to schedule. What that means is if you possess a Schedule I substance, like heroin, LSD, or MDMA, you could face a Class I felony, while possession of a Schedule VI substance like marijuana could leave you with Class 3 misdemeanor charges.

The charges you face could also vary depending on the amount of the substance found in your possession. If you only had a small amount of marijuana, you’d most likely face Class 3 misdemeanor charges. If you possessed more than 1.5 ounces but less than 10 pounds, you’d face Class I felony charges.

N.C.G.S. 90-95 also sets specific weight thresholds that automatically result in trafficking charges for different controlled substances. Trafficking charges result in mandatory minimum prison sentences, even for first-time offenders. The prosecution does not need to prove the intent to distribute to have you convicted of trafficking. These charges can be brought on the quantity of the drug in your possession, alone.

If you have prior convictions for drug offenses, North Carolina drug crime laws allow for your charges to be elevated automatically. A Class 1 misdemeanor can quickly become a Class I felony if you have even one prior conviction. This system also uses your prior criminal record to decide on the correct punishment ranges within each felony class. A longer criminal history usually leads to harsher sentencing.

Drug Crimes Penalties in North Carolina

There were 31,813 people arrested for drug crimes in North Carolina in 2024. They faced varying levels of punishment. What you can expect in terms of penalty upon conviction varies depending on the level of crime you have been charged with. Misdemeanors are penalized according to G.S. 15A-1340.23, while felonies are punished according to N.C.G.S. 15A-1340.17. Here’s what you need to know:

• Class 3 misdemeanors. Possession of small amounts of Schedule VI substances carries a fine of up to $200 and the possibility of suspending any jail sentence.
• Class 2 misdemeanors. Possession of Schedule V substances can leave you facing a Class 2 misdemeanor, punishable by up to 60 days in jail.
• Class 1 misdemeanors. Class 1 misdemeanors apply to Schedule III and IV substances or larger amounts of Schedule VI substances. You could face up to 120 days in jail.
• Class I felonies. Simple possession of most Schedule I or II substances is a Class I felony. The sentence range typically starts at three to eight months in a prison like Forsyth Correctional Center.
• Class H felonies. Possession with intent to sell usually falls under this category. You could face four to eight months in prison.
• Class G felonies. The sale or delivery of certain Schedule I or II drugs is considered a Class G felony. You could face eight to 16 months in prison.
• Higher-level felonies. Your penalty could be even more severe if the crime you’ve been charged with involved sales to minors or large-scale trafficking. Drug crimes committed near schools can also result in sentence enhancements.

Trafficking offenses are different. They have separate mandatory minimum sentences that apply no matter what your criminal history is.

Constructive Drug Possession Vs. Actual Drug Possession

The state is obligated to prove drug possession charges. That means the drugs were physically on your person and you had knowledge the drugs were there. Constructive drug possession charges are taken out if the state thinks they can prove you had control of the drugs but they were not on your person (i.e. in your car or home).

Common Defenses Against Drug Crime Charges

If you’re facing a drug crime charge, you and your lawyer can work together to come up with an effective strategy for defending you against it. In most cases, your defense should fall into one of these categories:

• Affirmative defense. You introduce evidence showing that you were acting legally, meaning that you had a legal prescription for the drugs you were carrying.
• Unlawful search and seizure. You show that the police violated your constitutional rights, and any evidence obtained during the unlawful search and seizure should be dismissed.
• Drugs belonged to someone else. You may be able to claim that the drugs belonged to someone else if they were not directly in your possession, but the doctrine of constructive possession makes this difficult to prove.
• Entrapment. If a law enforcement officer coerced you into committing a drug-related crime, you won’t be held criminally responsible for any acts that resulted from the coercion.

Drug possession charges are complicated, but our drug possession lawyers at LAWSMITH, The Law Offices of J. Scott Smith, PLLC, are very experienced in handling drug cases of all kinds in Winston-Salem.

FAQs

Is Gabapentin a Controlled Substance in North Carolina?

Gabapentin is not a controlled substance in North Carolina. However, it is highly monitored. Gabapentin can cause sedation and complicated opioid use, so all prescriptions must be reported to the State’s Controlled Substances Reporting System. Despite not being a controlled substance, Gabapentin is still illegal to possess without a valid prescription under N.C.G.S. 90-95.

What Are the Four Major Drugs Associated With Crime?

The four major drugs associated with crime are cocaine, heroin, methamphetamine, and marijuana. The crimes associated with these drugs extend beyond possession, sale, and trafficking to include more diverse offenses. Drug crime penalties for possessing any of these substances in North Carolina can be quite severe. Work with a Winston-Salem drug crime attorney to help avoid the worst possible consequences of a conviction.

What Are the Three Types of Crimes Related to Drugs?

There are three types of crimes typically related to drugs beyond possession and sale of illicit or controlled substances. Criminal involvement typically takes one of three forms: violent offenses, economically compulsive crimes, and systemic offenses like drug trafficking or gang violence. If you’ve been convicted of any of these crimes, you need to work with a qualified criminal defense lawyer who has experience handling cases involving the use or sale of drugs.

What Are Some Examples of Drug Crimes?

Some examples of drug crimes include possession of illegal substances or unprescribed pills for personal use, selling or delivering illegal drugs, manufacturing or cultivating illicit substances, possessing drug paraphernalia, and crimes related to supporting a drug habit, such as theft, fraud, or robbery. Crimes committed while under the influence of drugs, such as Assault, can also be considered drug crimes.

Winston-Salem Drug Crime Lawyer

You can act now to protect your future. If you have been arrested or if you are under investigation for a drug crime, it is in your interest to contact LAWSMITH, The Law Offices of J. Scott Smith, PLLC, or call 336-360-6067 for a consultation.