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Raleigh Drug Defense Lawyer

North Carolina Criminal Defense Attorneys Specializing in Drug Cases

If you’ve been detained or are being investigated for a drug crime, you’ll need the assistance of an experienced criminal defense lawyer in Raleigh who will safeguard your constitutional rights, advise you on how to respond to inquiries, and develop a viable legal strategy.

At the Law Office of J.M. Kotzker P.C., we understand how important it is to have a strong defense when facing drug charges in Wake County, which is why our drug crime lawyers are ready to fight for you. Our attorneys have experience with North Carolina criminal law, defending individuals charged with all types of drug-related crimes, including possession, distribution, manufacturing, and drug trafficking.

If you or someone you care about is facing charges for a drug crime in North Carolina, our criminal defense law practice in Raleigh can help you fight the charges to avoid being convicted.

Experienced Criminal Defense Attorney

Types of Drug Crime Cases We Handle

Types of Drug Crimes Our Attorneys Represent

The Law Office of J.M. Kotzker, P.C. handles a variety of offenses in North Carolina, including:

  • Possession of marijuana
  • Possession of cocaine
  • Possession of heroin
  • Possession of a controlled substance
  • Possession of drug paraphernalia
  • Possession of steroids schedule IV without prescription
  • Possession and distribution of fentanyl without authorization
  • Possession of large quantities of certain drugs
  • Medical use drug possession and prescription fraud
  • Selling or intending to sell drugs
  • Manufacturing methamphetamine
  • Operating a meth lab
  • Manufacturing a controlled substance
  • Conspiracy to commit drug crimes
  • Drug trafficking

Types of Drug Charges

Understanding Types of Drug Charges and Consequences in NC

Whether you are charged with possession, distribution, manufacturing, or trafficking of drugs, it’s important to discover the intricate nuances of drug charges in North Carolina. A consultation with a Raleigh drug defense lawyer can help you further gain insight into the legal complexities of your specific case.

Possession Charges

Possession charges entail being found in possession of illicit substances, constituting a fundamental drug offense. Possession of an illegal substance, including, but not limited to, marijuana, cocaine, heroin, and methamphetamine, could result in drug possession charges in North Carolina.

The penalties for drug possession in NC can vary depending on the type and amount of drugs involved, but they can range from a simple fine to several years in prison:

  • Schedule I and II drugs: Penalties range from Class I felony charges, punishable by up to 24 months in prison, to Class I misdemeanor charges, which may result in up to 45 days in jail.
  • Schedule III, IV, and V drugs: Penalties vary from Class 1 misdemeanor charges to Class H felony charges, carrying sentences ranging from 4 months to 39 months in prison.

In North Carolina, like in most states, the use and possession of anabolic steroids without a prescription are illegal. These substances are controlled under both federal and state laws due to their potential for abuse and health risks. Also, the possession of fentanyl, a potent synthetic opioid, is heavily regulated in North Carolina. Possession, distribution, and trafficking of fentanyl without proper authorization are serious offenses that can lead to severe legal consequences.

Charges for Possession with Intent to Sell or Deliver

Charges for possession with intent to sell or deliver involves the alleged intention to distribute illegal substances, including marijuana, cocaine, heroin, and methamphetamine.

Consequences for possession with intent to sell or deliver in NC are:

  • Schedule I and II drugs: Penalties range from Class H felony charges to Class F felony charges, with potential prison sentences ranging from 10 months to 41 months.
  • Schedule III, IV, and V drugs: Consequences span from Class 1 misdemeanor charges to Class H felony charges, carrying potential prison terms of 4 months to 39 months.

Drug Manufacturing Charges

Drug manufacturing charges entail active involvement in the production of illicit substances such as marijuana, methamphetamine, and MDMA (ecstasy).

If you are charged with drug manufacturing in NC, the potential penalties include:

  • Schedule I and II drugs: Penalties include Class H felony charges and Class D felony charges, with potential prison sentences ranging from 10 months to 160 months.
  • Schedule III, IV, and V drugs: Consequences range from Class H felony charges to Class G felony charges, carrying potential prison terms of 4 months to 47 months.

Drug Paraphernalia Charges

Drug paraphernalia charges in North Carolina encompass possessing items used in the consumption or production of illicit substances. Any controlled substance, along with associated paraphernalia like pipes, syringes, and scales, can result in a drug charge.

Penalties vary based on the severity of the offense, ranging from Class 1 misdemeanor charges to Class I felony charges, carrying potential prison sentences of up to 24 months.

Prescription Fraud Charges

Prescription fraud charges involve the unauthorized possession or distribution of prescription medications. Prescription drugs are categorized under controlled substances, such as opioids and benzodiazepines.

Penalties range from Class 1 misdemeanor charges to Class H felony charges, with potential prison terms of 4 months to 39 months, depending on the Schedule classification of the drug involved.

Conspiracy to Commit Drug Crimes

Conspiracy to commit drug crimes refers to involvement in a plot to execute illicit drug-related activities. This includes conspiracy to commit crimes involving any controlled substance, including but not limited to cocaine, heroin, and methamphetamine.

Penalties vary based on the planned offense, ranging from Class H felony charges to Class C felony charges, carrying potential prison terms of 4 months to 231 months.

Misdemeanor Marijuana Charges

Misdemeanor marijuana charges involve the possession or distribution of small amounts of cannabis. This covers marijuana in quantities below the threshold for felony charges.

Penalties range from Class 3 misdemeanor charges to Class 1 misdemeanor charges, carrying potential jail terms of up to 120 days.

Delta-9 tetrahydrocannabinol (THC) and tetrahydrocannabinolic acid (THCA) are cannabinoids found in cannabis. While cannabis remains illegal for recreational use in North Carolina, the state has legalized the use of hemp-derived products containing delta-9 THC concentrations of no more than 0.3%. THCA is typically found in raw or unheated cannabis and is not psychoactive until heated, so its legal status is often intertwined with regulations on THC.

Drug Trafficking Charges

Drug trafficking charges encompass the distribution, transportation, or sale of illicit substances on a significant scale. Various controlled substances can be involved in drug trafficking charges, including but not limited to cocaine, heroin, methamphetamine, and marijuana.

Penalties for drug trafficking convictions vary significantly based on the type and quantity of drugs trafficked, often resulting in Class D felony charges or higher. Mandatory minimum sentences may apply, with potential prison terms ranging from several years to life imprisonment, along with substantial fines.

What Are the Enhancement Penalties for Drug Crimes in NC?

Enhancement penalties for drug crimes in North Carolina are additional penalties imposed based on specific aggravating factors or circumstances surrounding the offense. These enhancements can significantly increase the severity of the punishment beyond the standard penalties for the underlying drug crime.

Our Raleigh, NC criminal defense attorneys have extensive experience dealing with enhancement penalties. Some common factors that may lead to enhancement penalties in drug cases include:

  • Prior Convictions: Repeat offenders may face enhanced penalties, with longer prison sentences or higher fines for subsequent drug convictions.
  • Drug-Free School Zones: Offenses committed within a certain distance of schools, daycare centers, or other designated areas may lead to enhanced penalties.
  • Aggravating Circumstances: Factors such as involvement in gang activity, possession of firearms, or offenses involving minors can result in enhanced penalties.
  • Large Quantities: Possession, trafficking, or manufacturing of substantial quantities of drugs may trigger enhanced penalties, often resulting in longer prison sentences or higher fines.
  • Violent Offenses: Drug crimes committed in conjunction with violent acts or offenses involving injury to others may result in enhanced penalties.

It’s crucial to understand that enhancement penalties can vary depending on the specific circumstances of each case and the discretion of the court. If you are accused of a drug crime in North Carolina, it’s of significant importance to seek legal counsel from an experienced criminal defense attorney for robust legal representation.

What is a Felony Drug Crime in NC?

In North Carolina, a felony drug charge is any drug-related charge that is classified as a felony offense. This includes charges for possession, sale, manufacturing, distribution, or trafficking of controlled substances.

Felony drug charges can range from simple possession of a small amount of drugs to more serious criminal charges such as trafficking or intent to sell. The penalties for felony drug charges vary depending on the offense but can include prison time, probation, and large fines. In some cases, a felony drug charge may also result in the loss of certain rights, such as the right to vote or own a firearm.

If you have been charged with a felony drug offense in North Carolina, it is important to seek qualified legal assistance as soon as possible. An experienced attorney can help you understand the criminal charges against you and ensure that your rights are protected throughout the legal process.

What constitutes a felony drug charges in North Carolina?

Potential Defense Strategies for Drug Crime Charges in NC

If you are facing criminal charges for a drug-related crime in North Carolina, it is important to understand that the state must prove each element of the crime beyond a reasonable doubt in order to secure a conviction.

Our experienced Raleigh drug crime defense lawyers will review the evidence against you and work to identify any potential weaknesses in the prosecution’s case. We may be able to argue that the state has not met its burden of proof or that you have a valid defense to the charges. Our Raleigh drug crime defense lawyers will thoroughly investigate your case and work to build the strongest possible defense on your behalf.

Here are examples of potential defense strategies that may be employed for your case depending on its specific circumstances:

  • Unlawful search and seizure: The police must have a valid reason to stop and search you. If they did not have probable cause or a warrant, any evidence found as a result of the search may be excluded from the case.
  • Entrapment: You may be able to argue that you were entrapped by law enforcement into committing a crime you would not have otherwise committed.
  • Lack of knowledge: In some cases, you may be able to argue that you did not know that the substance was drugs or that it was illegal.
  • Misidentification: If the police misidentified the substance as drugs, you may be able to avoid a conviction.
  • The substance belongs to someone else: If the drugs did not belong to you, you may be able to avoid a conviction.

BEST LAWYER FOR DRUG CHARGES IN NORTH CAROLINA

Potential Defenses Against Drug Charges in North Carolina

Why Do You Need an Experienced Drug Crime Attorney in North Carolina?

Navigating the legal complexities of drug offenses in North Carolina demands expert guidance and advocacy. An experienced drug crime attorney is indispensable, offering invaluable legal expertise and strategic defense tactics tailored to your unique circumstances.

Legal Expertise

Drug laws are complex and constantly evolving. An experienced Raleigh defense attorney will have in-depth knowledge of North Carolina’s drug statutes, case law, and legal procedures, enabling us to provide informed guidance and craft effective defense strategies tailored to your case.

Understanding of Local Courts

A local Wake County drug crimes attorney will be familiar with the judges, prosecutors, and court processes in your area. This familiarity can be invaluable in anticipating how your case may be handled and advocating for the best possible outcome.

Investigation and Evidence

A skilled attorney who specializes in drug crime defense will conduct a thorough investigation into the circumstances of your arrest, including the legality of police actions, the validity of search warrants, and the reliability of evidence. We will work to uncover any weaknesses in the prosecution’s case and challenge evidence obtained unlawfully.

Negotiation Skills

In many cases, it may be possible to negotiate a favorable plea deal or alternative sentencing options, such as drug diversion programs or probation. An experienced attorney in drug offenses will have strong negotiation skills and relationships with prosecutors, allowing us to advocate effectively on your behalf to minimize potential consequences.

Trial Advocacy

If your case goes to trial, you’ll want an attorney with extensive trial experience who can effectively present your defense before a judge and jury. Our skilled trial attorneys will be able to cross-examine witnesses, challenge evidence, and make persuasive arguments to secure the best possible outcome.

Protection of Rights

Perhaps most importantly, an experienced drug crime attorney will ensure that your rights are protected throughout the legal process. We will work tirelessly to safeguard your constitutional rights, including the right to a fair trial, the right to remain silent, and the right to be free from unlawful searches and seizures.

Navigating the legal complexities of drug offenses in North Carolina demands expert guidance and advocacy. An experienced drug crime attorney is indispensable, offering invaluable legal expertise and strategic defense tactics tailored to your unique circumstances.

Legal Expertise

Drug laws are complex and constantly evolving. An experienced Raleigh defense attorney will have in-depth knowledge of North Carolina’s drug statutes, case law, and legal procedures, enabling us to provide informed guidance and craft effective defense strategies tailored to your case.

Understanding of Local Courts

A local Wake County drug crimes attorney will be familiar with the judges, prosecutors, and court processes in your area. This familiarity can be invaluable in anticipating how your case may be handled and advocating for the best possible outcome.

Investigation and Evidence

A skilled attorney who specializes in drug crime defense will conduct a thorough investigation into the circumstances of your arrest, including the legality of police actions, the validity of search warrants, and the reliability of evidence. We will work to uncover any weaknesses in the prosecution’s case and challenge evidence obtained unlawfully.

Negotiation Skills

In many cases, it may be possible to negotiate a favorable plea deal or alternative sentencing options, such as drug diversion programs or probation. An experienced attorney in drug offenses will have strong negotiation skills and relationships with prosecutors, allowing us to advocate effectively on your behalf to minimize potential consequences.

Trial Advocacy

If your case goes to trial, you’ll want an attorney with extensive trial experience who can effectively present your defense before a judge and jury. Our skilled trial attorneys will be able to cross-examine witnesses, challenge evidence, and make persuasive arguments to secure the best possible outcome.

Protection of Rights

Perhaps most importantly, an experienced drug crime attorney will ensure that your rights are protected throughout the legal process. We will work tirelessly to safeguard your constitutional rights, including the right to a fair trial, the right to remain silent, and the right to be free from unlawful searches and seizures.

Contact an Experienced Raleigh Drug Defense Lawyer Today

If you are facing a criminal charge for a drug related offense in North Carolina, it is important to seek experienced legal representation as soon as possible. The Law Office of J.M. Kotzker, P.C. has a proven track record of success in defending clients against drug charges, and we will fight tirelessly to protect your rights and achieve the best possible outcome in your case.

Contact our Raleigh law firm today to schedule a free consultation by calling us at  919-439-5104 or by filling out the form below to get started.

Schedule a Free Consultation

Contact An Experienced Drug Offense Attorney Today

If you have been charged with any type of drug offense in North Carolina, it is important to seek experienced legal representation as soon as possible. 

The Law Office of J.M. Kotzker, P.C. has a proven track record of success in defending clients against drug charges, and we will fight tirelessly to protect your rights and achieve the best possible outcome in your case. Contact us today to schedule a free consultation.

Contact The Law Office of J.M. Kotzker at (919) 439-5104 or fill out the form to reach out to our law firm and schedule a free consultation.