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Practice Areas

Felony Drug Possession

Georgia Felony Drug Possession

Felony Drug Possession in Georgia is defined by a set of laws which criminalize both ‘actual’ and ‘constructive’ possession of a Controlled Dangerous Substance (CDS). Being charged with possession of these substances is a felony criminal charge. This means that it can lead to more than 1 year of imprisonment along with other consequences. Alongside Georgia’s drug laws, which are outlined in Georgia’s Controlled Substances Act, are federal laws.  

If you have been charged with possession of any illicit drug you need a criminal defense attorney by your side. The proper legal representation can be critical to you having a fair shot at avoiding the worst consequences. At The Arora Law firm we’re committed to safeguarding your future and your constitutional rights. Call us at (404) 609-4664 or contact us online for a free initial consultation. We proudly assist Spanish-speaking clients (Se habla Español) or Hindi.

What is Felony Possession?

Only possession of Marijuana is a misdemeanor in Georgia. If a person is found to be in possession of less than 1oz of Marijuana then they can face a misdemeanor charge. All other possession charges are considered felonies in Georgia. A misdemeanor in Georgia is a crime that can be punished by less than a year of imprisonment. This means that being caught with any amount of a Controlled Dangerous Substance can result in at a minimum a year of incarceration. 

Actual possession is when a person is found with drugs on their person or knowingly has direct physical contact with the illegal substances. In this situation, the accused has sole responsibility.

Constructive possession relates to a situation where a person knowingly has power and/or intention to be in possession of drugs, but they’re not on their person.

A common example is drugs found in a car. In addition, if no one claims the drugs, everyone in the car can be charged with constructive possession.

Schedule I Substances

  • Benzethidine
  • Codeine methylbromide
  • Ecstasy
  • Heroin
  • LSD
  • Morphine

All Schedule 1 drug possession charges are felonies. The specific charge and potential sentence depends on the amount alleged to be in a person’s possession. If the weight of the substances was less than a gram then the potential sentence if convicted is 1 to 3 years. If the weight was between 1 gram and 4 grams then the term could be 1 to 8 years. If the weight of the substances is between 4 and 28 grams (1 ounce) then the sentence could be as high as 15 years.

Schedule II Substances

  • Amphetamine
  • Cocaine
  • Fentanyl
  • Hydrocodone
  • Methadone
  • Opium

All Schedule 2 drug possession charges are felonies. The specific charge and potential sentence depends on the amount alleged to be in a person’s possession. If the weight of the substances was less than a gram then the potential sentence if convicted is 1 to 3 years. If the weight was between 1 gram and 4 grams then the term could be 1 to 8 years. If the weight of the substances is between 4 and 28 grams (1 ounce) then the sentence could be as high as 15 years.

Schedule III - V

  • Ketamine
  • Pseudoephedrine
  • Testosterone
  • Barbiturates
  • Xanax
  • Valium

The substances listed under schedules 3 to 5 have relatively less of a chance to be abused and have some accepted medical use. However, being found to be in unlawful possession of these substances can still result in a felony charge and years of prison.

Our Practice Areas

Drug Offenses

As soon as you are arrested or discover you are under investigation, the clock is ticking. To ensure the best possible outcome in your drug case, you need to act quickly and hire a criminal defense firm that is experienced, knowledgeable and able to protect your rights during even the toughest litigation.

 

Appeals

When you decide to launch an appeal, every moment is critical. Criminal statutes have strict time limits on appeals, so you need to act quickly and hire an appellate attorney who is experienced, knowledgeable and willing to efficiently and effectively review the entire court order of your case.

Criminal Defense

At Arora Law, we handle all criminal law cases that include DUI charges, drug charges — from small-quantity possession to large-quantity manufacturing — and white collar crimes such as fraud and forgery.

DUI Defense

A conviction for driving under the influence (DUI) becomes part of a permanent criminal record that follows you for the rest of your life. At Arora Law, we understand that serious offenses such as DUI call for serious litigation.

Expungement

When someone is arrested in Georgia the impact could remain long after the case is closed. If a case is not closed out properly, it could lead to issues with employment, housing, financial loans, educational tuition and the like.

 
 
 
 

White Collar Crime

At Arora Law, our attorneys have more than 4 decades of combined experience protecting clients’ rights and reputations when they’ve been charged with white-collar offenses. As former prosecutors, we anticipate how the prosecution will build its case, enabling us to build a strong defense against harsh penalties.

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