South Carolina Drug Charges Defense Lawyer

Drug crimes are among the most serious offenses, requiring that you have an experienced attorney by your side. Even being charged with simple possession carries significant jail time and fines. No matter the type of drug offense, our mission is to combat these charges directly and effectively. Below, we’ll discuss the implications of a charge and how a South Carolina drug charge lawyer can help.

Types of Drug Charges & Penalties in South Carolina

• Simple possession: Up to ten years in prison, a $12,500 fine, or both
• Possession with intent to distribute: Up to ten years in prison, a $10,000 fine, or both
• Drug sales: Up to 30 years in prison, a $50,000 fine, or both
• Drug manufacturing or intent to manufacture: Up to 30 years in prison, a $50,000 fine, or both
• Drug trafficking: Up to 30 years in prison, a $200,000 fine, or both

Specific penalties will vary based on the type and volume of the substance and if the offender has any prior drug offenses. The above-listed penalties are the maximum penalties imposed under state law.

Actual possession is not always required to be charged with a drug offense.  Law enforcement can allege that a person is in constructive possession of illegal drugs as well. For constructive possession cases, the State must prove by other evidence that the defendant had the right and power to exercise control over the drugs. Second, the State must prove that the defendant had knowledge of the drugs and the intent to control the disposition or use of the drugs.

Classification of Drugs

South Carolina divides controlled substances into five categories, classifying each based on its potential for abuse and medical purposes.

Schedule I drugs have the highest rate of abuse and no medical purpose, with Schedule V drugs having the lowest rate of abuse and a proven medical use.

Below, we provide examples of the drugs in each category:

• Schedule I: Heroin, ecstasy, LSD, and marijuana (excluding for medical purposes)
• Schedule II: Fentanyl, Methadone, bezitramide, and Adderall
• Schedule III: Codeine, morphine, Ketamine, and benzphetamine
• Schedule IV: Barbital, phenobarbital, triazolam, and Valium
• Schedule V: Difenoxen, ethylmorphine, and Lyrica

Facing drug charges for a controlled substance listed in Schedule I will have the most severe penalties versus a substance classified as a Schedule V drug. If you have any questions concerning drug classifications, you need to speak with a South Carolina drug charges lawyer.

Defenses to Drug Charges

Depending on the offense, the following defenses may be available to you:

Insufficient Evidence

No matter the drug offense, the prosecution must prove your guilt beyond a reasonable doubt. This is the highest burden in our justice system.

Unlawful Search and Seizure

In a police officer’s zeal to charge a suspect, the officer may conduct a search of someone’s home or vehicle. If the search is deemed illegal, any evidence discovered during the illegal search can be excluded at trial.

A South Carolina Drug Charges Lawyer Fighting for You

Drug charges are often punished harshly under the law and are amongst the most difficult to defend. If you are facing drug charges in South Carolina, our South Carolina drug charges lawyer is ready to protect your rights. To learn more, contact Swilley Law Firm, LLC, by phone or online to schedule your free consultation.