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What happens if I am charged with selling methamphetamine?

Georgia takes drug crimes seriously, particularly when those crimes involve certain types of drugs. Georgia classifies drugs according to a schedule, with penalties depending on the schedule of the drug involved.

Methamphetamine is a schedule II drug in Georgia. Other schedule II drugs include cocaine, morphine, opium and methadone.

Potential criminal penalties

If you are found with more than 28 grams of methamphetamine on you, you will likely be charged with trafficking methamphetamine as well as possession. This is a felony charge with a potential prison term between five and 30 years.

Certain factors could result in enhanced penalties. Your prior criminal history, whether you sold within 1,000 feet of certain areas or sold to someone under age 21 could all increase your penalties.

These major penalties are reasons why you need to put on an aggressive defense if you are charged with selling methamphetamine.

Possible defenses to explore

Examine the circumstances surrounding every aspect of your case to determine if any illegal methods were used by the police or prosecutors or any of your constitutional rights were violated. Police officers must have a reasonable suspicion to stop you and probable cause to search you and arrest you.

Since a charge of selling methamphetamine hinges on the amount that you possess, you can try establishing that the amount was incorrect. This prosecution must prove the amount beyond a reasonable doubt and if you can cast doubt on the actual amount of the drug found on you, this could result in reduced or dismissed charges.

In a case involving the sale of a drug, claiming the drugs were not yours is unlikely to be a successful defense. If you had the required amount of drugs on you and the prosecution can show you participated in the drug exchange, the fact the drugs were not yours will be deemed irrelevant.