Drug Charges
South Carolina drug crimes are generally classified into 2 categories: felonies and misdemeanors. Usually felonies are crimes punishable by more than 1 year of incarceration. Misdemeanors are usually punishable by up to 1 year of incarceration, or by fine or another penalty. There are numerous exceptions in the South Carolina code of laws. Drug crimes are also classified by the type of drug, the amount of the drug and whether the person is charged with possession, drug sale, drug distribution or drug trafficking. Individuals may also be charged with attempted drug crimes where the specific intent to commit a crime was present, but for whatever reason, the crime was not completed. Drug crimes may be prosecuted through both the South Carolina state court and the federal district court systems. The Crane Law Firm can provide you with the correct legal advice. Call for your free initial consultation at 864-235-2900.
South Carolina drug crime charges can be classified in several ways:
- Drug possession crime
Where a defendant may be charged with the actual possession or constructive possession (i.e. when the drugs are found in a motor home, home or some other area within the defendant’s immediate grasp or vicinity).
- Drug possession with intent to distribute
Where the drugs found are of an enough quantity to infer the defendant intended to sell or distribute them.
- Drug manufacturing
Cultivating, producing, and/or preparing illegal drugs for distribution or personal use.
- Drug trafficking crimes
Where the drugs that were found weighed a certain amount.
- Drug conspiracy charges
Where there was an explicit or implicit agreement between 2 or more individuals to engage in a criminal enterprise, such as selling or distributing drugs in an open-air drug market.
Penalties upon conviction for a South Carolina drug charge depend largely upon the drug classification, the type and quantity of the drug(s) at issue, the nature and circumstance of the charge, and the number of prior drug offenses and convictions. Most common penalties imposed for drug crime convictions include:
- Fines
- Incarceration/Prison
- Community Service
- Probation
- Mandatory attendance to a drug abuse treatment program