Heroin Possession and Distribution
The North Carolina General Statute 90-95 governs the penalties and sanctions for various drug charges. Each type of drug is classified differently and they have varying degrees of penalties depending on these classifications.
Heroin Possession is considered a felony in North Carolina. Simple possession of Heroin in Raleigh is a lower range Class I felony. The potential penalty for first time offenders in possession of Heroin is 6 months to one year in prison. If you were found to be distributing 4-14 grams or more of Heroin, you will be charged with drug trafficking. Under a Class F felony. Trafficking charges increase the minimum penalties substantially. Trafficking 14-28 grams of Heroin is considered a Class E felony exposing you to 90 to 117 months in prison. More than 28 grams of Heroin will increase the charge to a Class C felony exposing you 225 months in prison.
The law considers some drugs more dangerous than others and Heroin charges are more difficult to defend than Marijuana charges. There are ways to deal with these cases however. An experienced attorney should be able to position a first time offender on a charge of Heroin Possession for dismissal of the charge. There may be requirements like drug assessments and education programs, but a dismissal is not out of the question in these cases. Distribution and Trafficking provide more serious challenges, but mitigating the damage in these situations can be done. The closer you get to a Class A felony the more serious the charge is, and the more challenging it is to negotiate a positive resolution with the DA’s office. Trafficking charges often carry a mandatory minimum sentences of incarceration. Sometimes this mandatory minimum can be averted with ‘substantial assistance’ to the government. Substantial Assistance often requires working with law enforcement as a confidential informant.
Another option available to those charged with a crime is to review the evidence and decide whether or not the case should be litigated. An experienced attorney will help guide you through making that decision. If your constitutional rights have been violated, you may want to consider filing a variety of pre-trial motions to work on getting the case dismissed, or parts of the evidence suppressed.
If you’ve been charged with Heroin possession, distribution or trafficking, call the Raleigh drug crimes lawyers at Scharff Law Firm for a free consultation today.