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Atlanta Criminal Defense Lawyers > Blog > Drug Crimes > How Are Georgia Drug Possession Sentences Determined?

How Are Georgia Drug Possession Sentences Determined?


There is never a good scenario when it comes to possessing illegal drugs and encountering the police. When a controlled substance is in your possession and you are stopped by the police, you are going to be arrested. The penalties for drug possession can vary though and there are specific factors that will go into how harsh punishment will be. It is best in these instances to have an experienced lawyer protecting your interests. Depending on your situation, the penalties you may face for your drug possession charges in Georgia could be quite severe. A lawyer will be able to devise a calculated criminal defense strategy and argue your case to give you the best chances of overcoming your charges and securing the most favorable outcome.

The Georgia drug crime lawyers at Hawkins Spizman can help you when you have been arrested. Being arrested can be scary and not knowing your rights or your future is also very distressing. Having a talented and aggressive lawyer from Hawkins Spizman on your side can reduce your anxiety and give you peace of mind that you have a seasoned professional protecting your rights and freedoms.

Determining Drug Crime Punishments in Georgia

Various controlled substances are classified in different categories in Georgia. These are:

  • Schedule I: Drugs that do not have a medicinal or therapeutic value and are very dangerous to one’s health. Ecstasy and heroin are examples.
  • Schedule II: Drugs that do have a valid medical purpose but are still too strong to be allowed without a prescription and have a high potential for abuse. Methamphetamine is an example.
  • Schedule III: Drugs that have medical purposes but could be abused and could create a moderate amount of dependence. Steroids are an example.
  • Schedule IV: Drugs that have a low potential for abuse and dependence. Xanax is an example.
  • Schedule V: Drugs that have a lower potential for abuse and dependence with very limited amounts of certain narcotics. Robitussin is an example.

If you are charged with unlawful possession of a controlled substance or if your charges are for distributing one there is the potential that you could spend decades behind bars. The way that a punishment will be determined is by considering the following three factors:

  1. How much of the drug(s) do you have in your possession?
  2. Your criminal record (or lack thereof).
  3. If you were in a drug-safe zone as would be the case for school zones.

Based upon the amount, it is possible that you could be charged with manufacturing and trafficking or intent to distribute even if you did not plan on doing any of these things with the drug that you had in your possession.

Speak to an Atlanta Drug Defense Lawyer Today

Drug charge convictions can bring about incredibly severe punishments. And, not only are these punishments harsh, but the life implications that can also result are additionally difficult to overcome such as a criminal record that will follow a person around even after they serve their time. It is critical to have the best legal representation after being charged with a crime in Georgia. The Georgia drug crime defense attorneys at Hawkins Spizman can meet with you during a free consultation. Please call Hawkins Spizman today at 770-685-6400.

Hawkins Spizman Trial Attorneys represent individuals in Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs.



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