In Georgia, a charge for possession of illicit substances can lead to severe penalties. A drug possession sentence can lead to a felony charge with up to 30 years behind bars and thousands of dollars in fines. As a result, the defendant’s criminal history could affect their education, housing, loan and employment opportunities.
However, the sentence for a drug possession charge can ultimately hinge on four factors. Here is what you should know:
4 factors that can influence drug possession charges
During a trial, the court may consider several factors before deciding on a final sentence. These factors include:
- Classification of a substance: Drugs are classified as schedules. There are five schedules. Higher-scheduled drugs are more potent, have a tendency to lead to addiction and have very little medical uses. Possession of a high-scheduled drug can lead to severe punishments.
- Quantity of a substance: Higher quantities of substances can lead to harsher punishments. However, possessing a small quantity of a high-scheduled drug can also lead to serious penalties. Possession of a vast amount of illegal substances could be linked to trafficking.
- Substance use: A court may consider whether a defendant had the intent to use or distribute a substance. Distribution of an illegal substance can lead to higher fines and jail time.
- Criminal history: In many cases, a defendant’s prior criminal history may lead to harsher punishments, particularly when the offenses are similar. That indicates a disregard for the law and a lack of concern for consequences.
If a defendant is facing charges of illegal drug possession, they can seek legal help and learn about their defense options.