Fight Georgia Cocaine Charges with Our Legal Experts
Persons arrested on cocaine charges in GA might face severe legal penalties. Granted, more serious charges come with harsher punishments than lesser offenses, but all cocaine arrests put the offender at risk of a prison sentence.
Understanding Georgia Cocaine Laws
Cocaine possession is a felony in Georgia, regardless of the amount. So, even someone with a minute amount of Schedule II drugs on their person or in their control would face a maximum sentence of 15 years if convicted. If the amount is one ounce – 28 grams – the charges would be drug trafficking. The assumption is anyone with that much cocaine intends to sell it.
First-time offenders charged with selling cocaine could face a minimum one-year prison sentence, but the routine sentencing guideline is five to 30 years in prison. With the more serious charge of trafficking, the minimum and maximum sentencing vary depending on how much cocaine is being sold. Trafficking 28 to 200 grams could lead to a minimum of 10 years, while anything over 400 grams leads to a 25-year mandatory sentence. Anyone found guilty of cocaine trafficking may also deal with a massive fine.
Cocaine Defenses
Several elements must be present to prove drug charges for cocaine possession or trafficking beyond a reasonable doubt. Regarding possession of cocaine, the person must actually know about the drugs or control them. For example, someone who was unaware a roommate put cocaine inside of a crawlspace may counter possession of distribution charges.
Constitutional rights apply to criminal prosecutions, including large or small-scale drug charges. If the police do not have probable cause or a necessary warrant to conduct a search and seize evidence to make an arrest, the defense could file a motion to suppress. If suppressed, the evidence could not be used in a courtroom, and the jury would not see or hear the evidence.
Sometimes, the evidence against the defendant could be overwhelming. That does not mean the person will face the full brunt of the law. Plea bargains and requests for leniency and sentencing could make the outcome more favorable. The attorneys at Farnsworth & Murphy may be able to negotiate a plea bargain or seek more lenient sentencing.
If you are facing cocaine charges in Georgia, contact our experienced legal team for help. We can discuss your rights and potential defenses to fight the charges. Our goal is always an outcome that meets your best interests while still satisfying the courts. Contact us today so we can start on your case.
Defense Strategies Against Cocaine Charges
Several legal defenses can challenge cocaine-related charges, depending on the circumstances of the arrest and the prosecution’s evidence. The following strategies can be instrumental in building a strong defense:
Challenging Probable Cause
Law enforcement must have a valid reason to stop, search, or arrest an individual. If the arresting officers lacked reasonable suspicion or probable cause, any evidence obtained may be inadmissible in court. For example, an unlawful traffic stop that leads to a drug-related arrest could be grounds for suppressing evidence.
Demonstrating Lack of Knowledge or Intent
Possession charges require proof that the defendant knowingly had control over the substance. If the accused was unaware of the presence of cocaine—such as a borrowed vehicle containing drugs or a package unknowingly delivered to their residence—the prosecution’s case weakens significantly. Establishing that a defendant had no intent to possess or distribute cocaine can be a viable defense.
Proving an Illegal Search and Seizure
The Fourth Amendment protects individuals from unlawful searches and seizures. If law enforcement conducted a search without a warrant or a recognized exception, any evidence obtained could be thrown out. For instance, if police searched a home without consent or a proper warrant and found cocaine, a defense attorney could move to have the evidence suppressed, significantly impacting the prosecution’s case.
Each case is unique, and an experienced attorney can evaluate the specifics to determine the best defense strategy. By leveraging constitutional protections and procedural safeguards, cocaine charges can be effectively fought.
Schedule an Appointment and Protect Your Rights
Do not let cocaine charges in Georgia ruin your future. Our attorneys deeply understand state and federal laws related to controlled substances. Our legal team can explain the charge against you and devise a defense strategy tailored to your case.
Facing criminal charges is always stressful, but our legal team will fight for your rights and work toward a favorable outcome. We understand how important your freedom is and will fight for it in court. Contact us today and schedule an appointment to discuss your case. Let Farnsworth & Murphy protect your rights.
No matter the charges, we’re here for you. We can provide legal counsel for a variety of drug-related offenses, including:
- Possession of a controlled substance
- Manufacture and delivery of drugs
- Intent to distribute and possession with intent to distribute
- Cocaine trafficking or drug smuggling
- Other drug conspiracy charges
Take control of your future and beat the odds with the help of our experienced legal team. We can develop an effective strategy to protect your rights and help you achieve the best possible outcome. Contact us today to discuss your case and start building your defense.
