Asheville Drug Possession Defense Lawyer
Being charged with drug possession in North Carolina is a serious matter that can have lasting consequences for your freedom, your record, and your future. Even a relatively small amount of a controlled substance can result in jail time, steep fines, and a permanent criminal record that follows you for years. If you have been arrested for possession in Asheville, Buncombe County, or anywhere in Western North Carolina, it is critical to work with an experienced criminal defense attorney who understands both the law and the system inside and out.
At The Pritchard Firm, attorney John Pritchard brings a level of experience that few Asheville defense lawyers can match. As a former Assistant U.S. Attorney (AUSA) and former North Carolina state prosecutor, he has handled drug cases on both sides of the courtroom in both state and federal courts. As a Board-Certified Specialist in State and Federal Criminal Law by the North Carolina State Bar, Asheville drug possession defense lawyer John Pritchard uses his advanced knowledge, skills and experience to provide strategic, aggressive defense for individuals accused of drug possession in Buncombe County and beyond.
North Carolina Drug Possession Laws
In North Carolina, possession charges generally fall into two categories: simple possession and possession with intent to manufacture, sell, or deliver (PWISD).
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Simple possession typically involves smaller amounts of drugs intended for personal use. While still serious, penalties can vary depending on the type of drug involved. For example, marijuana possession under a certain amount may be charged as a misdemeanor, while cocaine possession is usually a felony.
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PWISD charges arise when law enforcement believes you intended to distribute drugs. This can be based not just on the amount but also on how the drugs were packaged, the presence of scales or baggies, or even text messages and cash found during a search.
Even misdemeanor possession can have significant consequences, but felony charges bring especially harsh penalties and long-term consequences for your record.
Controlled Substances and Penalties in North Carolina
North Carolina classifies controlled substances into Schedules I through VI, with Schedule I being considered the most serious. Possession of a Schedule I drug (such as heroin, MDMA, or LSD) is a felony regardless of the amount, while possession of a Schedule VI substance (like marijuana) may be charged as a misdemeanor under certain thresholds.
Some examples include:
- Schedule I (heroin, MDMA, LSD): Felony possession with potential prison time.
- Schedule II (cocaine, methamphetamine, oxycodone): Felony possession with enhanced penalties.
- Schedule VI (marijuana): Possession of less than ½ ounce is typically a misdemeanor, but greater amounts can be charged as felonies.
The exact penalty for a conviction depends on the amount, the type of drug, and your prior criminal history.
Defending Against Drug Possession Charges
A strong defense begins with a detailed review of how the evidence was obtained. John Pritchard draws on his years as both a federal and state prosecutor to identify weaknesses in the government’s case and to challenge evidence obtained in violation of your constitutional rights. Potential defenses may include, for example:
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Illegal search and seizure: If police conducted a search without a warrant, consent, or valid exception, the evidence may be suppressed.
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Lack of possession: Prosecutors must prove you knowingly possessed the drug. If drugs were found in a shared space or vehicle, proving actual possession can be difficult.
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Questionable testing or chain of custody: Lab errors, mishandled evidence, or faulty testing procedures can create reasonable doubt.
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Diversion or treatment options: For some first-time offenders, alternative sentencing programs may be available as an alternative to incarceration.
Every case is unique, and an experienced defense lawyer can craft a strategy that addresses the specific facts and legal issues involved.
Federal Drug Possession Cases
In some circumstances, possession charges may be prosecuted in federal court rather than state court, especially if the case involves large amounts, trafficking across state lines, or federal property. John Pritchard’s experience as an Assistant U.S. Attorney gives him a distinct advantage in these situations, and being board-certified in federal criminal law means he is equipped to handle complex federal criminal cases and understands how federal prosecutors build and pursue their cases.
Why Choose The Pritchard Firm for Drug Possession Defense in Asheville?
When it comes to criminal defense, few attorneys in North Carolina bring the same combination of experience and credentials as John Pritchard. His background as both a federal and state prosecutor gives him insight into how the government investigates and prosecutes drug possession cases. His board certification in state and federal criminal law sets him apart as a recognized specialist in the field. Most importantly, he is dedicated to protecting his clients’ rights and fighting for the best possible outcome in every case.
If you are facing a drug possession charge in Asheville, Buncombe County or surrounding counties, you need a mountain attorney who knows the law, the courts, and the strategies that work.
Contact an Asheville Drug Possession Defense Lawyer at The Pritchard Firm Today
Do not face a drug possession charge alone. The consequences are too serious, and the system is too complex to go through without experienced legal counsel. Contact The Pritchard Firm today to schedule a confidential consultation with board-certified criminal defense attorney John Pritchard. Put a former prosecutor and proven trial lawyer on your side.