Drug Crime Lawyer in Columbia, SC

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Have you been arrested and charged with a drug offense in Columbia, S.C.? If you have been charged with a drug-related crime, do not leave your freedom and future to chance. An experienced criminal defense attorney can help to protect your freedom, reputation, and livelihood. Turn to the Law Offices of S. Chris Davis today to find out how we can help you.

Types of Drug Crime Charges Our Defense Attorney Handles

At the Law Offices of S. Chris Davis, our Columbia drug crime defense attorney can vigorously advocate on your behalf if you are facing criminal drug charges. Some of the most common drug charges that Chris Davis defends against involve:

  • Possession, including simple possession or possession of drugs in or near school zones
  • Possession with intent to distribute or distribution of controlled substances
  • Transportation across state lines/trafficking
  • Manufacturing of controlled substances
  • Conspiracy to distribute, traffic, or manufacture controlled substances

Potential Penalties for Drug Charges in Columbia, SC

The penalties for a conviction on drug charges in South Carolina vary depending on the type of drug involved and the specific criminal offense in question. For example, simple possession of marijuana carries a lower maximum penalty than trafficking of more dangerous drugs like cocaine and heroin. State law imposes penalties for first-time convictions, with jail or prison time and fines increasing for each subsequent drug conviction. Potential penalties for common drug charges in Columbia, SC include:

Marijuana

Penalties for marijuana-related drug charges include:

  • Simple possession: Up to 30 days in jail and a fine of up to $1,000
  • Manufacturing, distribution, or possession with intent to distribute: Up to five years in prison and a fine of up to $5,000
  • Trafficking: Moving 10 to 100 pounds of marijuana can result in a penalty of one to 10 years in prison and a fine of $10,000

Cocaine

Penalties for drug offenses involving cocaine include:

  • Simple possession: Up to three years in prison and/or a fine of up to $5,000
  • Manufacturing/possession with intent to distribute: Up to 15 years in prison and a fine of up to $25,000
  • Trafficking: Three to 10 years in prison and a fine of up to $25,000 for trafficking 10 to 28 grams of cocaine

Heroin

Heroin-related drug offenses may result in penalties that include:

  • Simple possession: Up to two years in prison and/or a fine of up to $5,000
  • Manufacturing/possession with intent to distribute: Up to 15 years in prison and a fine of up to $25,000
  • Trafficking: Seven to 25 years in prison and a fine of up to $50,000 for trafficking four to 14 grams of heroin

Methamphetamine

Penalties for drug crimes that involve methamphetamine include:

  • Simple possession: Up to three years in prison and/or a fine of up to $5,000
  • Manufacturing/possession with intent to distribute: Up to 15 years in prison and a fine of up to $25,000
  • Trafficking: Three to 10 years in prison and a fine of up to $25,000 for trafficking 10 to 28 grams of methamphetamine

Ecstasy

Maximum penalties for offenses involving ecstasy include:

  • Simple possession: Up to six months in jail and/or a fine of up to $1,000
  • Manufacturing/possession with intent to distribute: Up to five years in prison and a fine of up to $5,000
  • Trafficking: Three to 10 years in prison and a fine of $20,000 for trafficking up to 100 doses of ecstasy

LSD

Drug offenses involving LSD may result in penalties that include:

  • Simple possession: Up to two years in jail and/or a fine of up to $5,000
  • Manufacturing/possession with intent to distribute: Up to 15 years in prison and a fine of up to $25,000
  • Trafficking: Three to 10 years in prison and a fine of $20,000 for trafficking up to 100 doses of LSD

Ephedrine

Drug crimes that involve ephedrine are subject to maximum penalties of:

  • Simple possession: Up to six months in jail and/or a fine of up to $1,000
  • Manufacturing/possession with intent to distribute: Up to one year in jail and/or a fine of up to $1,000
  • Trafficking: Up to 10 years in prison and a fine of up to $25,000 for trafficking nine to 28 grams of ephedrine

Potential Defenses and Trial Strategies Used in Drug Crime Cases

If you have been charged with a drug crime, you may have potential defenses and trial strategies available to you, depending on the facts and circumstances of your case. Examples of common defenses that are often raised against drug charges include:

  • Lack of possession – Prosecutors must prove a possession or possession with intent to distribute charge by showing that you had actual possession of drugs (meaning they were found on your person or in your bag) or constructive possession of drugs (meaning they were found in a room, vehicle, or container that you had access to such that you could exercise control over the drugs). You may argue against possession by showing that you did not have knowledge of the possession of the drugs; for example, if drugs were left in your vehicle by a passenger without your knowledge.
  • Lawful possession – If you are charged with possession of certain controlled substances, you can defeat a charge by showing that you had lawful possession. For example, you could produce a valid prescription for painkillers that you had obtained lawfully.
  • Lack of intent to distribute – Possession with intent to distribute may be charged based on certain “intent-adjacent” circumstances, such as the quantity of drugs found, how they were packaged, and whether they were found in proximity to packaging materials or scales or large quantities of cash. You may be able to get a possession with intent to distribute charge reduced to simple possession by arguing that the drugs in your possession were intended for your personal use.
  • Illegal search and seizure – You might have your drug charges dismissed by moving to exclude the prosecution’s evidence if the drugs or other evidence were obtained by the police following an unconstitutional search and seizure. You might be a victim of an unlawful search and seizure if you were stopped by police without reasonable suspicion, if the police searched you, your vehicle, or your home without a warrant, or you/your property were searched under circumstances that did not constitute an exception to the warrant requirement.
  • Break in the chain of custody – You might also move to exclude evidence from your case if you can show that there was a break in the chain of custody of evidence while evidence related to your case was in the state’s custody. This strategy may allow you to raise a reasonable doubt as to whether the evidence presented in court was the same evidence that was seized by police.
  • Failure to identify seized substances – Drug charges may be fought by arguing that the substances at issue are not controlled substances. This defense might be raised if investigators failed to have the identity of the substances confirmed by a laboratory, or if errors in laboratory testing call the results into question.

In addition to presenting these defenses to have your charges reduced or dismissed, another common trial strategy aimed at reducing the consequences of a conviction involves presenting mitigating circumstances to argue for a lower sentence. For example, if you are convicted for certain drug offenses, our Columbia drug defense lawyer may cite circumstances in your personal life (such as a lack of a criminal history or a drug addiction) to argue for a lenient or alternative sentence.