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How to Defend Against a PWISD Charge in NC

If you’re facing PWISD charges, you’re likely worried about what could happen next. Depending on the amount and type of substance involved, you could face prison time. In this blog post, we’ll discuss how to defend against a PWISD charge in North Carolina. The state carries the burden of proof for each element of the offense, so it’s essential to know what defenses may be available to you. Let’s take a look!

What is PWISD?

A PWISD stands for “possession with intent to sell or deliver.” PWISD is a serious charge, and you could face felony charges of differing severity depending on the amount of drugs involved. 

For a conviction, the state must prove that you knowingly possessed a controlled substance intending to sell, deliver, or manufacture it.

How Does the District Attorney Prove Intent to Sell or Deliver Drugs?

There are several ways the district attorney may try to prove that you had the intent to sell or deliver drugs. 

They might look at whether you:

  • Possessed a large amount of cash
  • Had a large amount of drugs
  • Owned or kept drug packaging materials
  • Possessed weapons
  • Made any statements indicating an intent to sell or deliver drugs
  • Made comments or showed indications of manufacturing drugs

These are just some examples – there are many other ways the DA could try to prove your intent. If you’re facing PWISD charges, it’s essential to talk to an experienced criminal defense attorney who can help build your defense.

Possible Defenses to a PWISD Charge in NC

If you’re facing PWISD charges, it’s essential to know that the State has the burden of proof. They must prove each and every element of the offense beyond a reasonable doubt. With this in mind, let’s look at some possible defenses against PWISD charges.

Possible defenses against PWISD charges:

  • Insufficient evidence: If the prosecution does not have enough evidence to prove each element of the offense, you cannot be convicted.
  • Lack of knowledge: If you did not know that the substance was drugs, you cannot be convicted.
  • Entrapment: If the police coerced you into committing a crime you would not have otherwise committed, you may have a defense.
  • Police misconduct: If the police acted improperly during their investigation or arrest, this could be a defense.

Other defenses could include mistaken identity or coercion.

If you’re facing charges for PWISD, it’s crucial to contact an experienced criminal defense attorney who can help you navigate the legal process and explore all possible defenses.

What are the Consequences of a Marijuana PWISD Charge in NC?

If you’re facing drug charges in NC, you’re not alone. In North Carolina, precisely 6,338 individuals received a conviction of PWISD for marijuana in 2019.  With a lower scheduled drug like marijuana, the stakes are not as high as with a Schedule I or II drug. Marijuana is a schedule VI substance.

PWISD conviction for marijuana is a class I felony, the lowest class of felony under North Carolina law. You could spend up to 2 years in prison, but there is also a possibility that you won’t serve any time with a conviction for PWISD marijuana. 

With a previous criminal history, you may face stricter felony consequences. The type of substance, the amount, and the arrest circumstances determine the kind of felony. Even if you only possess the substance for “personal use,” you may face PWISD charges based on other items present at the arrest.

If convicted of PWISD marijuana, you can still get a criminal record even if you do not spend time in prison. A criminal record can bring serious consequences such as prison time, fines and probation. A conviction can make getting a job, housing, or loans challenging.

PWISD for Other Drugs

In North Carolina in 2019, 4813 individuals received a conviction for PWISD with Schedule II drugs, and 3191 individuals for a Schedule I drug.

Schedule I or II PWISD offenses face Class H felony penalties. However, if you were caught actually selling the Schedule I or II substance, you face a Class G felony.

Meth is a schedule II drug but has different penalties for conviction. Manufacturing methamphetamine is a Class C felony. 

However, meth manufacturing charges are only a Class H felony if you were:

  • Packaging or repackaging meth
  • Labeling or relabeling the methamphetamine container (1)

Don’t Incriminate Yourself

Law enforcement officers often engage in tactics that may be unconstitutional. As someone charged with PWISD in NC, you still have rights.

You have the right to:

  • Not give self-incriminating evidence against yourself.
  • Be informed of the charges against you. 
  • Refuse to speak about what happened without an attorney present.
  • The right to be free from searches and seizures except when there is a warrant that names you or law enforcement has a limited exception to the warrant requirement 

How Can a Criminal Defense Lawyer Help You Fight Your Charges?

If you’re facing PWISD charges in North Carolina, it’s essential to understand your rights and defenses. With the help of an experienced criminal defense attorney, you can fight for the best possible outcome in your case. Contact us today for a free consultation! We’ll review your case and help you understand your options.

As experienced criminal defense attorneys, we can:

  • Investigate the circumstances of your arrest
  • Look for evidence of police misconduct
  • Work to get the charges against you reduced or dismissed
  • Fight for a not guilty verdict at trial
  • Help you understand your options and the consequences of each option.

PWISD charges are serious, but with the help of a qualified criminal defense attorney, you can fight back against these charges. Contact us today to learn more about how we can help you.