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Will your drug charges be a misdemeanor or a felony?

On Behalf of | Apr 7, 2021 | Criminal Defense |

When you’re arrested for possessing illegal drugs in Georgia, you may be charged with a misdemeanor or a felony. The latter can mean a more serious charge with a higher likelihood of jail time. It’s important to understand whether you’ll be charged with a misdemeanor or a felony so that you can prepare your defense.

What factors influence the charges?

One of the most common drug crimes is possessing illegal drugs. If you’re caught by the police with illegal drugs, there are various factors that can influence what type of charges are filed against you. These factors include the type of drug that you were in possession of, the amount that you had, whether you were selling them and other circumstances revolving around the offense.

The schedules of drugs

Most states use a classification of schedules that are adopted from the Federal Controlled Substances Act. This classifies each drug based on its potential for addiction and abuse and its recognized medical value. There are five different classifications ranging from Schedule I to Schedule V. Schedule I drugs include the most dangerous, like heroin. You may have felony charges against you if you are found with higher-schedule drugs.

An intent to sell

When it comes to the severity of the charges against you, one circumstance that is going to play a big role is whether you intended to sell the drugs. In most cases, if you possessed drugs for personal use, the charges will be less severe. If you intended to sell the drugs to make money, the charges tend to be more severe because selling is seen as endangering others.

In some cases of drug possession, you may only be charged with a misdemeanor offense. However, you may find yourself facing felony charges depending on the scenario. By understanding what factors influence the severity of your charges, you can better work with your attorney to dispute the charges filed against you.