Georgia has some of the strictest, comprehensive laws on drug trafficking in the entire country. If you are facing any trafficking charge, you must experience legal representation. The Law Office of Ahmad R. Crews, LLC, handles the full range of drug crime cases. Our Atlanta drug crimes defense attorney provides an in-depth overview of Georgia law on drug trafficking charges.
Know the Statute: Drug Trafficking in Georgia
Drug trafficking is a serious crime in Georgia. It is a distribution offense that is charged as a felony. Under GA Code § 16-13-31, drug trafficking involves the knowing possession, manufacture, delivery, or sale of certain controlled substances above specific weight thresholds.
Here is a key point: The statute imposes mandatory minimum prison sentences based on the type and quantity of drugs involved. For example, trafficking 28 grams or more of cocaine carries a minimum 10-year sentence. Penalties are based on the drug and the amount.
An Overview of Drug Trafficking Charges in Georgia (Required Elements)
What do prosecutors need to prove to get a conviction in a drug trafficking case in Georgia? The answer depends on the specific situation. With that being said, three major required elements are part of every drug trafficking case in Georgia:
- Knowingly Possessing, Manufacturing, Delivering, or Selling: To start, prosecutors must prove that the defendant knowingly engaged in one of these actions involving a controlled substance. Without knowledge, there is no trafficking offense.
- A Controlled Substance: The trafficking in question must be of a controlled substance. Indeed, the offense must involve a substance classified under Georgia’s Controlled Substances Act. Some notable examples include cocaine, heroin, and methamphetamine.
- Excess of the Statutory Threshold Amount: The amount of the substance must meet or exceed minimum weight thresholds specified by law. For reference, some of the notable controlled substances thresholds in Georgia include: 28 grams for cocaine, 28 grams for methamphetamine, and 4 grams for heroin.
Note: Prosecutors do not necessarily need to prove intent to distribute. Although that may be a factor in some cases, quantity alone can trigger trafficking charges in Georgia.
You Have the Right to Defend Yourself Against a Drug Trafficking Charge in Georgia
An arrest for drug trafficking is still an allegation, not a conviction. You have the right to defend yourself against a drug trafficking charge in Georgia. Of course, the stakes are incredibly high. You need a top-rated Atlanta criminal defense lawyer on your side. Your attorney can review your case, investigate the charges, and help you evaluate every potential defense, including defending the charge for lack of knowledge/intent, constitutional violations, and more.
Contact Our Atlanta Drug Trafficking Defense Lawyer Today
At The Law Office of Ahmad R. Crews, LLC, our Atlanta drug trafficking defense attorney has the expertise you can count on when it matters the most. Contact us for a completely confidential, no-obligation initial consultation. We defend drug distribution cases throughout the Georgia region from our Atlanta office.