Charleston Drug Crime Attorney 

Aggressive Defense Against Drug Charges in South Carolina 

If you find yourself entangled in a drug-related legal matter in Charleston, South Carolina, you need a skilled and experienced Charleston drug crime lawyer by your side. At Seibert Law Firm, we understand the complexities and high stakes involved in drug crime cases, and we are committed to providing exceptional legal representation to protect your rights and vigorously defend your interests. With our in-depth knowledge of South Carolina's drug laws and a track record of successful outcomes, we strive to secure the best possible resolution for our clients. When facing drug-related charges, trust Seibert Law Firm to be your staunch advocate throughout the legal process.

Facing drug charges in South Carolina? Call Seibert Law Firm today at (843) 428-6360 or contact us online to schedule a meeting with our drug crime lawyer in Charleston!

Drug Schedule Scale in South Carolina 

In South Carolina, drug schedules categorize controlled substances based on their potential for abuse and accepted medical uses. The state follows a scale similar to the federal drug schedules. Here is a general overview of the drug schedule scale in South Carolina:

• Schedule I: Drugs classified under Schedule I have a high potential for abuse and no accepted medical use. Examples include heroin, LSD, ecstasy, and certain synthetic cannabinoids. 
• Schedule II: Substances classified under Schedule II have a high potential for abuse but may have accepted medical uses with severe restrictions. This category includes cocaine, methamphetamine, oxycodone, and fentanyl. 
• Schedule III: Drugs under Schedule III have a lower potential for abuse than Schedules I and II, and they have accepted medical uses. Examples include anabolic steroids, ketamine, and some prescription medications. 
• Schedule IV: Substances classified as Schedule IV have a lower potential for abuse compared to the previous schedules and have accepted medical uses. Common examples include Xanax, Valium, and certain sedatives. 
• Schedule V: Drugs classified under Schedule V have the lowest potential for abuse among controlled substances and have accepted medical uses. These substances typically contain limited quantities of certain medications containing codeine or other low-level narcotics. 

Drug Crimes in South Carolina

Drug crimes in our state are outlined under Title 44 Chapter 53 of the South Carolina Code of Laws. Drug crimes in South Carolina include:

• Simple possession
• Possession with intent to sell
• Distribution
• Manufacturing
• Trafficking
• Possession of drug paraphernalia

When faced with such charges, you need skilled and dedicated legal representation to give you the best chance of an optimum outcome. At Seibert Law Firm, we have been defending clients against such charges since 2009. Our team provides one-on-one legal representation in which you will directly interact with an attorney throughout the course of your legal process. 

What are the Penalties for Drug Crimes in South Carolina? 

In South Carolina, the penalties for drug crimes can vary depending on the specific offense and the controlled substance involved. Here are the penalties for some common drug crimes:

• Simple Possession: Possessing a controlled substance for personal use is typically a misdemeanor in South Carolina. The penalties can include up to 30 days in jail and/or a fine ranging from $100 to $200 for a first offense. Subsequent offenses can result in increased penalties.
• Possession with Intent to Distribute: If someone is found with a quantity of drugs that suggests an intent to sell or distribute, they can be charged with possession with intent to distribute. The penalties for this offense are more severe than simple possession and depend on the type and quantity of drugs involved. For example, possession with intent to distribute cocaine can result in a sentence of up to 15 years in prison and/or a fine of up to $25,000 for a first offense.
• Distribution: Distributing or selling controlled substances is a felony offense in South Carolina. The penalties for drug distribution depend on the type and quantity of drugs involved and the defendant's criminal history. For example, the distribution of heroin can result in a prison sentence of up to 30 years and substantial fines.
• Manufacturing: The penalties for drug manufacturing, such as cultivating marijuana or producing methamphetamine, can be severe. The specific penalties depend on the type and quantity of drugs involved. Manufacturing controlled substances is considered a felony offense and can result in significant prison sentences and fines.
• Trafficking: Drug trafficking involves selling, transporting, or distributing illegal drugs in larger quantities. Trafficking offenses carry some of the harshest penalties under South Carolina law. The specific penalties for drug trafficking vary depending on the type and quantity of drugs involved. Mandatory minimum sentences may apply. For example, trafficking cocaine can result in a prison sentence of up to 30 years and fines ranging from $25,000 to $200,000.
• Possession of Drug Paraphernalia: Possessing drug paraphernalia, such as pipes, syringes, or scales, with the intent to use them for drug-related purposes, is a misdemeanor offense in South Carolina. The penalties can include a fine of up to $500 and/or imprisonment for up to 30 days for a first offense. Subsequent offenses can result in increased penalties.

It's important to note that these penalties are not exhaustive, and there can be additional factors and circumstances that affect the specific penalties imposed in a given case. It's advisable to consult with a Charleston drug crime attorney for more information regarding drug crime penalties in South Carolina. 

Defenses to Drug Crimes 

When facing drug crime charges, various defenses can be employed, depending on the case's specific circumstances. Here are some common defenses to drug crimes:

• Unlawful Search and Seizure: The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures. If the police obtained evidence through an illegal search or seizure without a valid warrant or probable cause, it may be possible to challenge the admissibility of that evidence in court.
• Lack of Possession: One of the elements the prosecution must prove in drug possession cases is that the defendant had actual or constructive possession of the controlled substance. If insufficient evidence establishes that the defendant had control or knowledge of the drugs, a defense of lack of possession may be raised.
• Lack of Intent: In cases involving possession with intent to sell or distribute, the prosecution must prove that the defendant had the specific intent to sell or distribute the drugs. This defense can be raised if there is evidence that the drugs were for personal use or that the defendant lacked the intent to distribute.
• Entrapment: Entrapment occurs when law enforcement officers induce or coerce someone into committing a crime they would not have otherwise committed. If the defendant can demonstrate that they were not predisposed to engage in the drug crime and that the police played an active role in encouraging or facilitating the offense, an entrapment defense may be applicable.
• Mistaken Identity: If evidence suggests that the defendant was mistakenly identified as the person involved in the drug crime, a defense of mistaken identity can be raised. This defense typically involves presenting alibi witnesses or challenging the reliability of witness identifications.
• Prescription or Medical Necessity: In some cases, the defendant may have a valid prescription for the controlled substance or may be able to argue that their use of the drug was medically necessary. This defense can be used in cases involving prescription drug offenses.

It's important to consult with an experienced Charleston drug crime attorney who can evaluate the specific details of your case and determine the most appropriate defense strategy to pursue. 

Contact Our Charleston Drug Crime Lawyer Today 

In the face of drug-related charges, navigating the complex legal landscape can be daunting and overwhelming. That's where Seibert Law Firm, your trusted Charleston drug lawyer, comes in. Our experienced team of legal professionals is dedicated to providing comprehensive and personalized representation to individuals in need. We understand the gravity of drug crime allegations and the potential impact they can have on your life. With a steadfast commitment to protecting your rights and ensuring a fair legal process, we are here to guide you every step of the way. Count on Seibert Law Firm to advocate fiercely on your behalf and strive for the best possible outcome!  

Contact Seibert Law Firm today to schedule a FREE consultation with our drug crime attorney in Charleston!