5 Factors Considered For Drug Abuse Penalties in Georgia
Drug use and possession are serious offenses in the state of Georgia. It carries severe penalties, including a felony conviction, which can lead to a prison sentence, fines, and other forms of punishment. The accused could face severe consequences if caught with illegal drugs in Georgia.
Georgia does not take drug possession lightly while having some of the strictest drug laws in the country. However, like other states, they also consider a few factors before convicting the accused. But which aspects do they consider before handing out penalties?
Nature of the Offense
The severity of the offense is one of the most important factors the court considers when determining the penalties for drug possession. The number of drugs you are found with, the type of drug, and the intent of the accused are all taken into account.
For instance, possessing many drugs can lead to a more severe conviction than having a small amount. In Georgia, a possession charge can be considered a felony or a misdemeanor, depending on the circumstances.
Specific Drug Used
The type of drug found in the accused’s possession will also impact the severity of the penalties. In Georgia, possessing Schedule I drugs, like heroin and LSD, is considered a felony and can lead to up to 15 years in prison. Possessing Schedule II drugs, like cocaine, is a felony and can lead to up to 10 years in prison. Having Schedule III drugs, like anabolic steroids, is a misdemeanor and can lead to up to one year in jail.
Possession of Controlled Substances
Controlled substances are drugs that the government regulates because they have the potential to be abused. These drugs are divided into five categories (schedules) based on their medical use, the potential for abuse, and safety.
Georgia considers marijuana, cocaine, heroin, ecstasy, and methamphetamines controlled substances. Possession of any of these drugs is a serious crime and can lead to jail time, hefty fines, and other penalties.
Age
The possession of controlled substances in Georgia is illegal regardless of age. Possession of a controlled substance is considered a felony, and anyone over the age of 18 who is found in possession of a controlled substance can be charged with a felony.
There are various factors to consider regarding minors and criminal prosecution. Generally speaking, minors are subject to the same criminal laws as adults. Minors may also be subject to criminal prosecution, but they may be able to receive a lesser sentence if convicted.
Intent
The intent of the individual in possession of a controlled substance is essential when determining the criminal charge. If the individual intends to distribute the controlled substance, the criminal charge could be much more severe than if the individual possessed the controlled substance. The intent is difficult to determine, and prosecutors must consider the case’s circumstances when considering the available evidence.
Criminal Records
Criminal records are public records and can be accessed by anyone. They contain the charges, convictions, and sentences associated with the individual, used by employers, landlords, and others to make decisions about the individual. In some cases, an individual may be able to expunge their criminal record, depending on the severity of the crime and the individual’s history.
Conclusion
Illegal possession of drugs is a severe offense in the state of Georgia that can have significant consequences. The penalties for unlawful possession of drugs in Georgia are severe and depend on the type and amount of drug in question.
It is essential to understand that even if you are found in possession of a small number of drugs, it is still a criminal offense. If you are facing a drug possession charge, seeking legal help as soon as possible is essential, and a qualified attorney can help.Work with the best criminal lawyer in Georgia through Hanks, Ballard & Barth. As criminal law experts, we take pride in protecting our clients and helping them get the best deals for their cases in court. Speak to one of our attorneys and learn more about winning your case today.
