Drug Sales and Drug Trafficking Cases In Cobb County And In The Atlanta-Metropolitan Area
Drug Sales
The Offense
Georgia Code 16-13-30(b) states that it is unlawful for any person to manufacture, deliver, distribute, dispense, administer, sell, or possess with the intent to distribute any controlled substance.
As in drug possession cases, the first important step is to determine which Schedule the substance is classified under, as that will determine what the potential penalties are.
Sentencing Range
Schedule I and II
A conviction of selling controlled substances in either Schedule I or Schedule II carries a sentence range of a minimum of five years to 30 years in prison or on probation. A second or subsequent conviction carries a sentence range of a minimum of ten years to 40 years in prison or probation, or life imprisonment.
As you can see, Georgia is one of the harshest states in the country when it comes to sentences for cases involving drug sales. If the substance is found in Schedule I or II, you could be sentenced to life imprisonment if you are convicted a second or subsequent time. That obviously does not mean that a judge will issue that criminal sentence, but I hope the mere possibility underscores how important these types of cases are, and why it is so critical that you hire an experienced criminal defense attorney to represent your interests immediately.
Schedule III, IV and V
A conviction of selling controlled substances in Schedules III, IV or V carries a sentence range of one year to ten years in prison or on probation.
Trafficking Drugs
Georgia law defines trafficking offenses with a bit more specificity than cases involving the mere selling of drugs. For instance, there are separate and distinct statutes that deal with the trafficking of specific drugs, such as cocaine, methamphetamine, heroin, and others.
Trafficking controlled substances are much more serious, and consequently carry much stiffer criminal penalties, which include mandatory minimums, depending of course on the weight of the substance seized in the case. As you can read below, probation is not a sentencing option in trafficking cases.
Sentencing Range
Georgia Code 16-13-31 illustrates these criminal penalties, as seen below:
Cocaine
Any person who sells, manufactures, delivers, or brings into this state or who is in possession of 28 grams or more of cocaine or of any mixture with a purity of 10 percent or more of cocaine, but less than 200 grams, carries a sentence of a mandatory minimum term of ten years in prison and a fine of $200,000.00. If the quantity of cocaine weighs 200 grams or more but less than 400 grams, the sentence is a mandatory minimum term of 15 years in prison and a fine of $300,000.00. If the cocaine weighs 400 grams or more, the sentence is a mandatory minimum term of 25 years in prison and a fine of $1 million.
Methamphetamine or Amphetamine
Any person who sells, delivers or brings into this state or has possession of 28 grams or more of methamphetamine or amphetamine but less than 200 grams, upon conviction the sentence range carries a mandatory minimum term of ten years and prison and a fine of $200,000.00. If the substance weighs 200 grams or more but less than 400 grams, the sentence range carries a mandatory minimum term of 15 years in prison and a fine of $300,000.00. If the substance weighs 400 grams or more, the sentence carries a mandatory minimum term of 25 years in prison and a fine of $1 million.
Heroin, Morphine or Opium
Any person who sells, manufactures, delivers, brings into this state, or has possession of four or more grams but less than 14 grams, upon conviction the sentence range is a mandatory minimum term of five years in prison and a fine of $50,000.00. If the substance weighs 14 grams or more, but less than 28 grams, the sentence carries a mandatory minimum term of ten years in prison and a fine of $100,000.00. If the substance weighs 28 grams or more, the sentence carries a mandatory minimum term of 25 years in prison and a fine of $500,000.00.
Is there any way around serving the mandatory minimum prison term?
Yes and no. It all depends on how the case is handled.
In some cases, the judge has the discretion to depart or reduce the mandatory minimum sentence if a defendant is convicted of any trafficking offense. For this to occur, the judge first has to decide whether he or she wishes to depart from the mandatory minimum sentence. Then, the judge must conclude that the defendant was not a leader of the criminal conduct, the defendant did not possess a firearm, dangerous weapon or hazardous object during the crime, the crime did not result in the death or serious bodily injury of someone who was not a participant in the commission of the crime, the defendant has no prior felony conviction, and the interests of justice will not be served by imposing the mandatory minimum sentence.
In other cases, the district attorney may ask the sentencing court to depart from the mandatory minimum sentence if a defendant convicted of trafficking provides substantial assistance in the identification, arrest, or conviction of any of his or her accomplices, accessories, coconspirators or principals.
Finally, in cases where the district attorney and the defendant have agreed to a sentence that is below the mandatory minimum, the sentencing judge has the discretion to depart from that mandatory minimum sentence and agree to impose that sentence that has been agreed upon.
As you can see, Georgia law imposes significant and harsh penalties to those convicted of selling drugs or trafficking drugs. The stakes are far too high to risk fighting this battle alone!