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TRAFFICKING

DRUG TRAFFICKING IN NORTH CAROLINA

North Carolina drug trafficking laws are really tough, and this includes the laws for marijuana. While possession of marijuana has effectively been decriminalized, distribution of marijuana or any other illegal drug can cause you to be charged with a felony crime.

The punishments that go with a drug trafficking charge, or distribution of a drug, depend on the type and amount of drug being trafficked. The following list outlines the charge and penalty of trafficking per common drug, however, bear in mind that these penalties are for first-time offenders with no prior history of criminal drug activity and without any concurrent charges, such possession of an illegal firearm.

Marijuana Trafficking

• 10 lbs to 49 lbs is a Class H felony with a minimum $5,000 fine
• 50 lbs to 1,999 lbs is a Class G felony with a minimum$25,000 fine
• 2,000 lbs to 9,999 lbs is a Class F felony with a minimum $50,000 fine
• 10,000 lbs or more is a Class D felony with a minimum $200,000 fine

Cocaine Trafficking

• 28 to 199 grams is a Class G felony with a minimum $50,000 fine
• 200 to 399 grams is a Class F felony with a minimum $100,000 fine
• 400 grams or more is a Class D felony with a minimum $250,000 fine

Heroin Trafficking

• 4 to 13 grams is a Class F felony with a minimum $50,000 fine
• 14 to 27 grams is a Class E felony with a minimum $100,000 fine
• 28 grams or more is a Class C felony with a minimum $500,000 fine

Methamphetamine Trafficking

• 28 to 199 grams is a Class F felony with a minimum $50,000 fine
• 200 to 399 grams is a Class E felony with a minimum $100,000 fine
• 400 grams or more is a Class C felony with a minimum $250,000 fine

Incarceration for Drug Trafficking Felony Crimes

• Class C felony carries a 225 to 282 months sentence
• Class D felony carries 175 to 222 months sentence
• Class E felony carries 90 to 120 months sentence
• Class F felony carries 70 to 93 months sentence
• Class G felony carries a 35 to 51 months sentence
• Class H felony carries a 25 to 39 months sentence

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Rusty Dement

Russell W. DeMent III

Criminal Defense Lawyer

(919) 833-5555

Raleigh Drug Trafficking Defense Firm

The Raleigh drug trafficking defense law firm of DeMent Askew & Johnson knows North Carolina drug laws and the changes that have made these laws and punishments even more severe. If you or a loved one is facing a drug trafficking charge, do not wait, call our criminal defense lawyers today at 919-833-5555 so we can begin developing your defense. North Carolina drug laws are tough and you need a law firm that will fight just as hard for your best outcome. If you are facing misdemeanor or felony drug trafficking charges, contact us today. We will fight for your rights and your freedom.

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333 Fayetteville Street, #1513
Raleigh, NC 27601-2950

CRIMINAL DEFENSE SUCCESS

Not Guilty DWI – No Probable Cause

March 26, 2019

Client stopped for speeding. LEO smelled odor of MJ about clients person. LEO search revealed burned MJ blunt. Defendant performed poorly on all physical tests but told the officer he suffered from a herniated disk in his lower back. On the horizontal gaze nystagmus (HGN) eye test there were no clues of impairment. A subsequent…

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Guilty Verdict of Less Significant Charges of Driving with License Revoked and Lane Violation; Charges Included DWI, Driving While License Revoked, and Hit and Run; No Jail Time

February 12, 2019

Client charged with DWI, driving while license revoked for impaired revocation, hit and run, and driving left of center. She was found on side of the road in driver’s seat 400 yards from a collision, showed clues of impairment on the field sobriety tests and blew a .10 on the breath test. Found not guilty…

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Not Guilty of DWI with Serious Collision; LEO Failed to Gather Specific Information from Driver Taken to Hospital with BAC of .17

February 12, 2019

Client charged with driving while impaired. LEOs respond to a serious collision where someone being taken to the hospital in EMS vehicle upon troopers arrival. The vehicle had flipped 2 times and landed in the median. Based upon information obtained at the scene, the LEO finds my client in the hospital with injuries consistent with…

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Defendant charged with 2 counts after his 7th impaired driving offense.

June 4, 2019

Defendant charged with 2 counts of habitual impaired driving on his 7th total offense.  Were able to negotiate a plea consolidating the sentence to one term of 28 months in prison where he was facing the potential for 10 years or more.

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Not Guilty, Refusal Revocation Rescinded; Willful Refusal to Take Breathalyzer Test

February 12, 2019

Client approaches a DWI roadblock. Smells of alcohol and performs ok on field tests though she does so some signs of NHTSA clues of impairment. She admits to drinking and blows positive for presence of alchol on the portable breath test. She is taken to the mobile breath testing bus at the checkpoint. She is…

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Evidence Suppressed in DWI Case; Court Holds “No Reasonable and Articulable Suspicion” for Traffic Stop

February 12, 2019

All evidence suppressed in DWI case for an illegal stop where the LEO observed my client pause in a parking lot for 30 seconds before leaving the lot and then crossed a center line during a turn at an intersection. Held “No reasonable and articulable suspicion” for a traffic stop.

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No prison sentence for client facing 1 year.

June 4, 2019

Defendant charged with Level 2 DWI with one prior within 7 years. Was facing a potential sentence of 1 year in prison. Defendant attended a treatment program and really changed her life direction while the case was pending. We were able to get the judge to agree to accept the inpatient treatment as credit for…

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71% reduction in jail time acquired.

March 26, 2019

Client charged with level 3 trafficking in opiates which carried minimum mandatory sentencing of a minimum of 225 months (18 years 9 months) in prison. After months of negotiating with the prosecuting attorney and following a lengthy argument to the court, Defendant was sentenced to 65 months (5 years and 5 months) in prison with…

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Client found not guilty in DWI case.

June 4, 2019

Defendant had a head-on collision with injuries to both parties. He was given field sobriety tests on the scene of the collision and did not perform well on those tests with the exception of the Horizontal Gaze Nystagmus (HGN) test where he showed no signs of impairment from any central nervous system depressant. He admitted…

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7th Offense; Sentence reduction of 75%

June 4, 2019

Defendant charged with 2 counts of habitual impaired driving on his 7th total offense.  Were able to negotiate a plea consolidating the sentence to one term of 28 months in prison where he was facing the potential for 10 years or more.

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