Spartanburg Drug Penalties

The state takes drug charges seriously. Even simple possession charges can lead to time in jail, and possession with intent to distribute may lead to significant prison time. You may also receive fines, loss of licenses, and other sanctions.

A skilled attorney can help lessen Spartanburg drug penalties and help you avoid some of the more serious charges. If you have been arrested and charged with a drug offense, you need the legal services of Ellis Hinton, LLC. Our knowledgeable drug lawyers can help defend against the charges being brought against you.

Are All Drug Charges Felonies?

Nearly all drug penalties in Spartanburg involve felony charges, which means you can receive more than one year in prison if you are convicted. Only simple possession of less than one ounce (28 grams) of marijuana is treated as a misdemeanor.

The actual penalties depend on the type of drug and the amount you possess. For a first offense of an ounce of marijuana or a small amount of cocaine or heroin, the penalties are:

• Marijuana: Up to 30 days in jail and fines of up to $200
• Cocaine: Up to three years in prison and fines of up to $5,000
• Heroin: Up to two years in prison and fines of up to $5,000
• Prescription drugs (without a valid prescription): One to two years in prison and a fine of up to $5,000, depending on the drug

You may not receive the full penalty for a first-time offense, but penalties increase for each subsequent arrest. Additionally, other factors can affect punishments. For instance, possession of an ounce of marijuana is a misdemeanor, but possession for sale becomes a felony.

Types of Drug Penalties

There are two types of legal repercussions for drug crimes in Spartanburg. In an indeterminate sentence, the defendant is given a range of years to complete, such as one to three years or 10 to 20 years. In determinate or mandatory sentencing, the defendant must complete a set number of years before they can be released or paroled.

Simple possession and possession with intent to distribute have indeterminate sentencing rules. Defendants may receive terms of up to 15 years in some cases, or they may receive no prison time. Drug trafficking, the most serious offense, has mandatory sentences. For example, a defendant convicted of cocaine trafficking must receive at least three years in prison, even for a first offense.

Other Drug Penalties

In Spartanburg, offenders can receive other punishments for drug crimes outside of imprisonment. For simple possession, first-time offenders in this state may be eligible for a drug diversion or intervention program. These programs place offenders on probation, often with requirements for drug testing, education, home confinement, and other community limits, to allow them an opportunity to demonstrate a desire to avoid future criminal penalties. Additional penalties may include:

• Suspension of driver’s licenses and other professional licenses, including firearms licenses
• Loss of civil rights, such as the right to vote (for felony convictions)
• Loss of eligibility for student loans and other government benefits
• Ineligibility for some jobs, such as financial or security fields

If you are facing local drug charges, you may be able to avoid some of these penalties by contacting a criminal defense attorney as soon as possible.

Contact a Spartanburg Lawyer for Help With Drug Crime Repercussions

The legal team at Ellis Hinton, LLC can give you legal representation if you are facing Spartanburg drug penalties. We are based in Greenville and service South Carolina and beyond, and we have federal and state prosecutor experience. Contact us today to schedule a free and confidential consultation on your case.