North Carolina prosecutors treat drug charges with utmost seriousness. The offense of selling or delivering a controlled substance is a felony-level drug charge, carrying severe jail sentences and fines. If you’re facing charges for possessing an illegal substance with the intent to manufacture, deliver, or sell, your future and freedom are at stake.
You’ll benefit from working with an experienced criminal defense attorney. At Greene Wilson Crow & Smith, our defense attorneys have an in-depth understanding of North Carolina criminal statutes and use our experience to fight for the best outcome possible for our clients’ cases.
North Carolina General Statute 90-95(a)(1)
Knowingly possessing a controlled substance with the intent to sell it or make more of it to sell is a much more serious offense than simple drug possession. North Carolina General Statute 90-95(a)(1) defines the crime of the sale or delivery of a controlled substance. Prosecutors must prove the defendant knowingly sold or delivered a controlled substance to another person to convict the defendant.
“Knowingly” means that the defendant knew they were manufacturing, possessing, selling, or transporting a controlled substance. “Possession” can be actual or constructive. Actual possession means that the controlled substance was on the defendant’s person. Constructive possession means the defendant was aware of the presence of the controlled substance or had the power and intent to control the use of that substance.
The term “sell” refers to the transfer of compensation (selling) in exchange for the controlled substances. The term “delivery” means the defendant attempted to transfer possession of the controlled substance to another person. Prosecutors can charge the crime of possession of a controlled substance with the intent to sell or deliver as a misdemeanor or felony, depending on the schedule level of the drug. The statute requires the name or names of all of the people to whom the drugs were allegedly sold or transferred to be listed on the criminal indictment. If they are unknown, they should be listed as unknown.
What Is Considered a Controlled Substance in North Carolina?
The prosecution must prove that you possessed a controlled substance to convict you of selling or delivering that substance. Controlled substances are drugs that are considered illegal. North Carolina and the federal government use a scheduling system to classify controlled substances based on how dangerous and addictive they can be.
There are six levels or categories of controlled substances recognized in North Carolina. Schedule I controlled substances are considered the most dangerous, most addictive types of drugs. Schedule VI substances are considered less likely to cause significant harm to users but are still considered illegal. Some of the most common substances in each schedule include the following:
- Schedule I: Ecstasy, heroin and other opiates
- Schedule II: Ritalin, cocaine, and opium
- Schedule III: Anabolic steroids, ketamine, and codeine without a prescription
- Schedule IV: Valium, Xanax, and Cathine
- Schedule V: Over-the-counter cough medicines with any amount of codeine in them
- Schedule VI: Marijuana and other cannabinoids
Many more illegal street and prescription drugs are considered Controlled Substances under North Carolina laws. Speaking to an experienced criminal defense attorney can help you understand the charges against you and the potential penalties you’re facing based on the controlled substance you allegedly possessed.
The Penalties for The Sale or Delivery of a Controlled Substance
The penalties for the sale and delivery of a controlled substance vary depending on the type and amount of the controlled substance. Selling Schedule I or II controlled substances can result in Class H felony charges. If you are convicted, you could face a prison sentence of up to 25 months behind bars. Even if you were convicted of the sale or delivery of a Schedule III-VI controlled substance, you could still be facing serious felony charges and spend up to a year in prison. These penalties underscore the gravity of the situation and the need for a strong legal defense.
The Long-Term Impact of a Felony Drug Conviction
Conviction of a felony offense can have a long-term negative impact on your life, even after you serve your jail sentence. Individuals with felonies on their record can have difficulty obtaining housing and employment after they’ve been released from prison.
A felony charge could also negatively affect their personal relationships and make it difficult to secure loans. Your future is at stake if you’ve been charged with intent to sell in North Carolina. Taking the charges against you seriously and partnering with an experienced defense attorney can help you increase the likelihood that the charges will be dismissed or reduced.
Defenses to Intent to Sell or Deliver Charges in North Carolina
As with any criminal charge, you are considered innocent until proven guilty. Prosecutors have the legal obligation to prove every element of the specific crime you’re charged with Beyond a reasonable doubt. The attorneys at Greene Wilson Crow & Smith know how to carefully review the prosecution’s case and look for its holes and weaknesses.
Every case is unique, and we will give you the attention you deserve to develop the most strategic legal defense. Some of the most effective legal defenses in cases involving selling or delivering controlled substances include the following:
- The substance did not belong to you
- You did not have any intent to manufacture, sell, or distribute the controlled substance
- The arresting officers engaged in an illegal search and seizure of your property and a violation of your constitutional rights
- The substance was tested and determined not to be a controlled or legal substance
- You were entrapped by law enforcement into committing the alleged crime
Contact a Criminal Defense Attorney in North Carolina
Drug cases can be complex, and if you’ve been charged with the sale or delivery of a controlled substance in North Carolina, it’s in your best interest to contact a seasoned attorney. Hiring a skilled, aggressive attorney can help protect your rights through an effective legal defense. Contact Greene Wilson Crow & Smith to schedule an initial consultation and learn how we can fight for you.