People may sometimes claim that drug possession isn’t a particularly serious crime. Drug offenses, like many crimes, exist on a spectrum. Possession is generally the least serious type of drug offense. However, it is still a criminal matter that can lead to prosecution. Possession may not be as serious a charge as drug trafficking, but it can trigger life-altering penalties and leave a person burdened with a criminal record for the rest of their lives.
Can state prosecutors in Georgia pursue felony charges over what is effectively a possession offense?
Possession can be a felony
Some types of crimes are known as wobblers. They can be felony offenses in some cases or misdemeanors in others. Drug possession is one such type of crime. State law does identify minor drug possession offenses as misdemeanor crimes. However, some possession offenses are felonies.
There are three factors that play a major role in the type of charge that prosecutors bring. The first is the schedule of the drug. The lower the schedule number, the more dangerous the drug is, according to the government.
Georgia has a relatively robust schedule of controlled substances. People accused of minor possession offenses involving lower-risk substances could face misdemeanor charges. Possession of Schedule I or II substances could very easily lead to felony charges.
The amount of drugs is another key consideration. Even those in possession of lower-risk drugs could face felony charges if they have excessive quantities on hand. Higher amounts of drugs may lead to prosecutors questioning whether the possession was for personal use or if the defendant may have intended to distribute the drugs to others.
The third consideration has to do with the criminal record of the defendant. Prosecutors may pursue more serious charges in cases where people have multiple prior drug offenses on their records. Particularly if a defendant has a prior offense related to the distribution of drugs on their record, the state might seek to bring felony charges against them after subsequent arrests.
Learning more about George’s drug laws can help people respond appropriately after an arrest. People facing drug charges often need help raising questions about the state’s evidence, proving their innocence or negotiating a plea arrangement that limits their long-term consequences, and that’s okay.