Felony vs. Misdemeanor Drug Charges in Georgia: What’s the Difference?

There are two categories of drug charges in Georgia: misdemeanors and felonies. The seriousness of the crime and the associated penalties are important when determining the difference.

Misdemeanor Drug Charges

A misdemeanor drug charge usually involves a small amount of a controlled substance for personal use rather than for sale. The penalties for this conviction often include probation, fines, and short jail sentences. 

Misdemeanor drug charges are still serious matters, even though they are considered to be less severe than a felony drug charge. 

A jail sentence of up to one year may not sound too dramatic, but even a short jail term can have dramatic impacts on a convicted individual’s life. Additionally, a conviction for a misdemeanor drug crime will show up on a background check. 

Felony Drug Charges

The possession of a large amount of drugs with the purpose of selling is a felony drug offense. In Gwinnett County, the possession of any drug other than marijuana is also typically a felony offense. It is more severe than a misdemeanor drug charge and therefore carries harsher penalties. 

Controlled substances are classified into different categories in Georgia. Based on the category, the penalties may differ from offense to offense. Contact a Gwinnett County criminal defense attorney to learn more about how to build a defense against a felony drug charge.

Should I Speak to the Police or Investigators?

You have the right to remain silent when questioned by police or investigators. Not speaking to law enforcement officers without an attorney present is a basic protection you can and should  exercise. Anything said to an officer before or after being arrested can be used against you in a courtroom. By speaking to the police or investigators, you may unwittingly agree to a search of your person, vehicle, or home. 

What Is the Process for Getting a Case Dropped or Dismissed?

Among the options available to have your charges dropped or dismissed, showing a lack of probable cause is foremost. An illegal search or seizure that led to your arrest can provide a judge with the basis for having your charges dropped and your case dismissed. 

To see if your case has the grounds to be dropped and dismissed, work with a Gwinnett County criminal defense attorney. 

An Experienced Gwinnett County Criminal Defense Attorney Can Help 

Gwinnett County criminal defense attorney Gabe Winters fights drug charges on behalf of his clients. When your rights are in jeopardy, rely on Winters Law to defend your freedom. The effective representation you need is only a phone call away. A free consultation can help you learn the consequences of your particular charges and what comes next.