Sentencing Enhancements and Special Circumstances in Georgia Drug Trafficking Cases
The penalties for drug trafficking charges in Georgia are already among the most severe in the nation. However, many of those charged with these crimes are not aware of the fact that there are a number of factors that can actually increase the severity of these charges.
Understanding sentencing enhancements is vital in dealing with a drug trafficking charge in Georgia.
Mandatory minimums are only the starting point
The laws regarding drug trafficking in Georgia can be found in O.C.G.A. § 16-13-31. The law prescribes mandatory minimum sentences based on the weight of the controlled substance found in your possession. The law does not provide for many mitigating circumstances.
There are additional circumstances that can impact the prosecution of a drug trafficking case.
Prior drug convictions
One of the most common sentencing enhancers for a Georgia drug trafficking case is a prior drug-related conviction. While the current statutes for trafficking drugs carry a mandatory prison sentence, the defendant’s prior criminal history can impact the case in the following ways:
- Decisions regarding weight tier levels
- Bail and Bond Hearings
- Plea negotiations
- Consecutive sentencing
Repeat drug offenders face a harsher prosecutor’s approach, even for borderline weight amounts.
Firearms and weapons allegations
If law enforcement suspects that a firearm or weapon was present during the commission of a trafficking crime, the stakes are raised significantly. This is even if the weapon or firearm was not actually used during the commission of the crime.
This could result in further charges or even harsher prison sentencing positions, especially if the prosecution claims that the weapon had a connection to the drug crime.
School zones and protected areas
Drug trafficking charges related to activities around schools, parks, and housing projects can also carry increased penalties. Although these enhancements are usually related to drug distribution cases, they may also be relevant in drug trafficking cases.
All these factors can reduce the opportunity for a reduced sentence in a plea bargain and increase the time you spend in prison.
Drug packaging, transporting, and alleged distribution indicators
Even though intent to sell is not necessary for a trafficking case, there are several facts that can be used to justify harsher penalties. These include:
- Large quantities packaged in several containers
- Digital scales or containers
- Transporting large quantities over long distances
- Large amounts of money
These facts can be used to determine the severity of the case and concessions made.
Why these factors matter
Sentencing enhancements and special circumstances can be the deciding factor between receiving the minimum sentence and serving decades in prison. For Georgia trafficking cases, prosecutors seek to impose the harshest possible sentence on defendants by using these factors.
Since sentencing for trafficking is largely predetermined by law, disproving the alleged sentencing enhancements, firearm connections, and circumstances can be just as important as disproving the alleged trafficking charge.
When mandatory prison time is already required by law, limiting further time served is an important part of any defense.
Talk to a Cobb County, GA, Drug Trafficking Lawyer Today
Andrew L. Schwartz, P.C., represents the interests of defendants in drug trafficking cases. Call our office today to schedule an appointment, and we can begin discussing your next steps right away.
