Drug Charges And Mandatory Minimums
State And Federal Mandatory Minimum Drug Sentences (NCGS § 90-95)
The North Carolina Controlled Substances Act and the federal Controlled Substances Act lay out mandatory minimum penalties for state and federal drug crimes. The key to surviving a drug charge is an experienced criminal defense attorney who can:
- Negotiate with the prosecutor
- Challenge evidence that police seized or handled improperly
- Seek dismissal of charges not supported by evidence
- Create a defense strategy aimed at minimizing any penalties
- Fully understand federal minimum sentencing guidelines, including mitigating and aggravating factors
At Roberts Law Group, PLLC, in Wilmington, former New Hanover County Assistant District Attorney Patrick Roberts has devoted his practice to defending individuals accused of crimes in North Carolina state and federal court. Schedule a free meeting with a drug offense defense attorney at our office by calling 877-880-5753 or contacting us online.
Mandatory Minimum Sentences In North Carolina
Depending on the type of drug, the action charged (possession, distribution, cultivation, manufacture, etc.), the quantity of drug involved, and any prior criminal history you may have, the North Carolina Sentencing and Policy Commission may have recommended a mandatory minimum sentence for the drug offense. If you are convicted of a drug offense with a mandatory minimum sentence, the judge cannot sentence you to a term that is less than that mandatory minimum unless your criminal defense attorney presents evidence of mitigating factors.
State Mandatory Minimum Drug Sentencing
North Carolina drug law classifies drugs into schedules:
- Schedule I: LSD, ecstasy, heroin, and mescaline
- Schedule II: Opium, cocaine, methadone, methamphetamines, and amphetamines
- Schedule III: Anabolic steroids, testosterone, ketamine, and some depressants
- Schedule IV: Valium, Xanax, tranquilizers, and sedatives
- Schedule V: Tylenol with Codeine.
- Schedule VI: Marijuana
Crimes involving schedule I drugs come with the stiffest penalties, including lengthy prison terms and steep fines. Penalties for drug offenses decrease moving down the list of controlled substance schedules.
Fighting Drug Charges And Mandatory Minimum Sentences
The only way around a mandatory minimum sentence is a strong, effective criminal defense strategy. Contact Roberts Law Group, PLLC, online or at 877-880-5753 to schedule an appointment with an experienced drug crimes defense lawyer.