Drug charges in Spartanburg are based on the type of drug and the amount you have when you are arrested. Other factors may include whether you have a previous history of narcotics arrests and how you conduct yourself in the community. For a first arrest on a small amount, the charge may be simple possession.
Having experienced legal representation can make a big difference in the charges you face as well. A drug attorney from Ellis Hinton can review your case and help develop a good defense strategy. Negotiations with the prosecutor in your case may reduce charges before trial, and even help avoid trial altogether. Our legal team is here to help you if you need assistance after a drug arrest.
Under South Carolina Code § 44-53-110, Spartanburg drug charges begin with the amount and type of drug someone has. Smaller amounts and less dangerous drugs are not considered as serious as larger quantities and more dangerous narcotics.
Simple possession (personal use) is charged for small amounts of drugs and for first-time arrests. Simple possession of marijuana under an ounce is a misdemeanor. For a first offense, you may receive up to 30 days in jail and a fine of up to $200. Although simple possession of less than a gram of cocaine is a felony, you can still receive less than three years in prison.
Possession with intent to distribute means any type of distribution. Although the charge usually requires larger quantities, even small amounts may receive charges of intent to distribute if the prosecution can show you planned to sell or give out what you had. Possession with intent to distribute charges are all felonies.
Drug trafficking is a serious state and federal offense. Trafficking involves moving large amounts of drugs into the state. These charges have mandatory sentences in South Carolina and may involve federal charges as well if the defendant crossed state or international borders.
Even if this is your first drug offense, you can face drug enhancements if other factors are involved. An enhancement is a factor that can increase the seriousness of the charge or penalty, even if it is not related to the immediate offense. For instance:
Any of these enhancements can increase the charges and possible sentences, or remove chances of plea bargains or diversions. If any of these apply, you need help from an experienced Spartanburg attorney to fight your drug charges immediately.
At Ellis Hinton, we protect our clients’ legal rights. We know the legal system from both sides of the aisle, and we understand how prosecutors work their cases in the state and federal systems. When you need help fighting drug charges in Spartanburg, we can help you understand what is happening and craft a defense in the case.
Our office is based in Greenville, and we serve South Carolina and beyond. No matter where you are when you need our help, the attorneys at Ellis Hinton will be there for you. When you need representation, call for a free and confidential consultation.
(864) 775-5775