What Are Felony Drug Charges for First-Time Offenders in North Carolina?

What are felony drug charges for first-time offenders in North Carolina? Though each case is unique, our years of practice and knowledge of North Carolina drug laws have informed us of what to expect when a client without prior drug convictions is charged with a felony drug crime. Below, we discuss felony drug crimes in North Carolina and the potential penalties associated with these types of charges.

What Are Felony Drug Charges for First-Time Offenders in North Carolina?

Under North Carolina law, criminal offenses are typically charged as either misdemeanors or felonies. Felonies are the most serious types of crimes, accompanied by lengthy prison sentences and substantial fines.

In 2023, there were 34,012 drug arrests in North Carolina, including possession, sale, and trafficking arrests. While certain drug crimes are automatic felonies, others can be classified as either a misdemeanor or felony depending on the specifics of the case, including:

• The type of controlled or illegal substance involved
• The quantity of the drug found during a search
• Aggravating factors, including who the drugs were being sold to and where

Examples of drug crimes that result in automatic felony charges for first-time drug offenders include possession of a Schedule I controlled substance. This includes drugs like heroin or LSD, for personal consumption, as well as drug possession with intent to sell.

Drug trafficking involving the manufacturing, selling, and transportation of large quantities of controlled substances is also a felony in North Carolina, even for first-time offenders. A possession charge involving a Schedule II, III, or IV controlled substance, which is a Class 1 misdemeanor, can be charged as a felony depending on the amounts.

Penalties in North Carolina and Associated Drug Crimes

Within North Carolina’s structured sentencing system, penalties are assigned based on the type of misdemeanor or felony charge. There are 10 felony classes in North Carolina, with Class I being the least serious, while Class A is the most severe. Below are the potential minimum felony drug crime prison sentences for first-time offenders in North Carolina facing various drug-related charges:

• Class I Felony: Determined during sentencing. Possession of a Schedule I controlled substance between 10 pounds and 50 pounds
• Class H Felony: 25 months. Trafficking of marijuana above 10 pounds and below 50 pounds.
• Class G Felony: 35 months. Cocaine trafficking for amounts equal to or greater than 28 grams and less than 200 grams.
• Class F Felony: 70 months. Trafficking of methamphetamine for 28 grams or more and less than 200 grams.
• Class E Felony: 90 months. Drug trafficking within 1,000 feet of the boundary of a public park.
• Class D Felony: 175 months. Selling, manufacturing, delivering, transporting, or possessing more than 400 grams of cocaine.
• Class C Felony: 225 months. Selling, manufacturing, delivering, transporting, or possessing more than 400 grams of methamphetamine.

There are also fines associated with felony crime convictions. Fine amounts can vary based on the offense. There were 510 drug trafficking convictions in North Carolina in Fiscal Year 2024, more than half of which were Class F felony convictions.

Potential Relief for First-Time Offenders Facing Felony Charges

Being charged with a felony drug crime as a first-time offender can feel devastating, especially because of the potential penalties. With the assistance of a seasoned North Carolina criminal defense attorney, those without a prior criminal record may be able to secure alternative sentencing, depending on the facts of their case.

Conditional Discharge

A first-time offender charged with felony drug possession who pleads guilty may receive probation under a conditional discharge agreement. This can come with a required completion of an approved drug education program.

Adult Recovery Court

Depending on the county, a first-time offender of a Class F, G, H, or Class I drug felony may be eligible to participate in an Adult Recovery Court and receive support from the court and community professionals to treat their drug dependence. It may involve probation supervision, substance use disorder and mental health treatment, and periodic drug testing.

These deferred prosecution programs may allow those charged with lower-level drug felonies to avoid a conviction altogether. They can also help the state save resources while contributing to the fight against substance abuse.

FAQs

Q: What Is a Felony Drug Charge in NC?

A: Several kinds of drug crimes can be charged as felonies in North Carolina. These include possession of Schedule I controlled substances like heroin and LSD, as well as the sale, trafficking, and manufacturing of all kinds of controlled substances and marijuana above a specified amount. A felony drug charge can carry a higher minimum prison sentence and heavy fines.

Q: Can First-Time Drug Crime Offenders Serve Jail Time in NC?

A: Whether a first-time drug crime offender serves jail time or not in North Carolina depends on the type of charge they are facing. Felony possession charges lead to mandatory minimum sentences, even for those without a criminal record. A skilled attorney may be able to obtain a deferred prosecution agreement for their client. Certain misdemeanor crimes, including possession of marijuana, only carry fines for first-time offenders.

Q: What Is the Mandatory Minimum Sentence for Felony Drugs Crimes in NC?

A: The mandatory minimum sentences for a felony drug crime in North Carolina vary. Under the state’s structured sentencing system, the minimum sentence for a felony crime is determined by the felony class. In addition, drug-related felonies carry a higher minimum prison sentence than other crimes within the same felony class. In North Carolina, felony drug charges are handled by the Superior Court.

Q: What Is the First-Time Offender Program in NC?

A: First-time offender programs in North Carolina provide alternative sentencing to drug offenders, both misdemeanor offenders and those who are charged with lower-level drug felonies. These programs provide alternatives to prison time through participation in probation, community service, and drug treatment and mental health programs. The goal of these programs, among other things, is to provide support to substance abuse victims.

Felony Drug Charges for First-Time Offenders in North Carolina Can Be Severe

Without adequate legal guidance, a first-time felony drug crime offender in North Carolina is likely to face prison time, not only robbing them of their freedom, but also leaving them with a criminal record once their sentence is completed. With the assistance of a skilled criminal defense attorney from The Law Office of Kevin L. Barnett, a first-time drug crime offender can receive an optimal outcome for their circumstances. Contact our office today to learn how we can help.