If you or someone that you care about has been charged with a heroin-related offense, you need a qualified and experienced drug possession lawyer. Our Atlanta heroin possession attorney can help you. Heroin use and abuse has recently been increasing throughout the United States. The Centers for Disease Control and Prevention has reported that the number of heroin-related overdoses has increased during the last decade:
The reason for this increase in the use of heroin has been widely speculated upon, but most people believe that the recent tightening of prescriptions for opiates is the major cause of the increase in demand for heroin. Whatever the cause of the increase in use of heroin, it is critical to understand what needs to be done to help people facing heroin-related criminal charges in Georgia.
Do not underestimate the severity of a heroin charge in Georgia, even if this is your 1st criminal charge. Heroin possession is a felony, and it is a felony offense, if you are convicted, no matter how small the quantity in possession is.
Heroin is a Schedule 1 drug under Georgia law. (O.C.G.A. 16-13-25)
Penalties for The Charge of Possession of Heroin in Georgia
(c) Except as otherwise provided, any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule I or a narcotic drug in Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished as follows:
(1) If the aggregate weight, including any mixture, is less than one gram of a solid substance, less than one milliliter of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of less than one gram, by imprisonment for not less than one nor more than three years;
(2) If the aggregate weight, including any mixture, is at least one gram but less than four grams of a solid substance, at least one milliliter but less than four milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least one gram but less than four grams, by imprisonment for not less than one nor more than eight years; and
(3)(A) Except as provided in subparagraph (B) of this paragraph, if the aggregate weight, including any mixture, is at least four grams but less than 28 grams of a solid substance, at least four milliliters but less than 28 milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least four grams but less than 28 grams, by imprisonment for not less than one nor more than 15 years.
(B) This paragraph shall not apply to morphine, heroin, or opium or any salt, isomer, or salt of an isomer; rather, the provisions of Code Section 16-13-31 shall control these substances.
O.C.G.A. § 16-13-30.
Possession of Heroin with The Intent to Distribute or Manufacture in Georgia
Except as otherwise provided, any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule I or Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years. Upon conviction of a second or subsequent offense, he or she shall be imprisoned for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense; provided, however, that the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense.
O.C.G.A. § 16-13-30.
Trafficking Heroin in Georgia
Any person who sells, manufactures, delivers, brings into this state, or has possession of four grams or more of any morphine or opium or any salt, isomer, or salt of an isomer thereof, including heroin, as described in Schedules I and II, or four grams or more of any mixture containing any such substance in violation of this article commits the felony offense of trafficking in illegal drugs and, upon conviction thereof, shall be punished as follows:
(1) If the quantity of such substances involved is four grams or more, but less than 14 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of five years and shall pay a fine of $50,000.00;
(2) If the quantity of such substances involved is 14 grams or more, but less than 28 grams, the person shall be sentenced to a mandatory minimum term of imprisonment of ten years and shall pay a fine of $100,000.00; and
(3) If the quantity of such substances involved is 28 grams or more, the person shall be sentenced to a mandatory minimum term of imprisonment of 25 years and shall pay a fine of $500,000.00.
O.C.G.A. § 16-13-31.
To speak with a trusted attorney who can handle your drug case, contact Ben Sessions today at the Sessions Law Firm.