If you’re facing criminal charges for drug trafficking in North Carolina, it’s crucial to understand the severity of the situation. Your freedom and future could be at risk. Drug trafficking is not just any felony charge; it’s a serious one, and a conviction will result in jail time. The mandatory minimum jail sentence for drug trafficking is 25 months in jail for a Class H felony.
North Carolina G.S. 90-95(h): Drug Trafficking Sentencing
In North Carolina, drug trafficking charges aren’t sentenced using the regular Structured Sentencing grid. Instead, a person convicted of drug trafficking will be sentenced according to North Carolina G.S. 90-95(h), which includes a mandatory fine, regardless of the defendant’s prior criminal record.
Minimum and Maximum Sentences for Drug Trafficking Crimes in North Carolina
North Carolina G.S. 90-95(h) includes a sentencing chart with the minimum and maximum sentences for a drug trafficking conviction. Class C drug trafficking charges are considered the most severe and carry the harshest penalties. Class H felony charges carry the lowest penalties. However, even the minimum jail sentence for Class H felonies is 25 months. The specific sentencing requirements are as follows:
- Class C felonies: 225-month minimum and 282-month maximum
- Class D felonies: 175-month minimum and 222-month maximum
- Class E felonies: 90-month minimum and 120-month maximum
- Class F felonies: 70-month minimum and 93-month maximum
- Class G felonies: 35-month minimum and 51-month maximum
- Class H felonies: 25-month minimum and 39-month maximum
The class of felony charge depends on the type and weight of controlled substance involved. Schedule I controlled substances carry harsher minimum sentences than marijuana and amphetamine. For example, when a defendant has 10 to 49 pounds of marijuana in their possession, they’ll be charged with a Class H felony with a minimum fine of $5,000.
A defendant found with synthetic cannabinoids over 50 to 249 dosage units will face the same minimal jail time. A defendant found with 28 to 199 grams of cocaine will face a Class G felony with a minimum fine of $50,000, but if they’re found with 400 or more grams, they’ll face Class D felony charges with a minimum fine of $250,000.
Reduced Sentences for Substantial Assistance
While probation is generally not an option for defendants convicted of drug trafficking, there is a glimmer of hope. If the defendant has provided substantial assistance, they can request a reduction in jail time and fines. The defendant will need to prove they’ve provided substantial assistance in the arrest, identification, or conviction of any accomplices, accessories, co-conspirators, or principals.
In other words, if a defendant helps convict another person of drug trafficking or in another criminal case, they can request a reduction in jail time and fines. The trial court can decide whether a defendant has provided substantial assistance. When the court decides substantial assistance applies, they can select a minimum sentence of their choosing outside of the regular sentencing grid.
Contact a Criminal Defense Attorney in New Bern, North Carolina
If you’ve been charged with drug trafficking or another felony-level crime in North Carolina, remember, you don’t have to face this alone. Working with an experienced criminal defense attorney is crucial to defend yourself against these serious charges. Greene Wilson Crow & Smith is prepared to pursue the best outcome possible. Don’t hesitate to contact the New Bern, North Carolina divorce attorneys to learn more about our skilled divorce attorneys.