Category: Criminal Defense

If you face shoplifting charges, penalties can range from fines, community service, probation, and even jail time, depending on the value of the stolen merchandise. In addition to the criminal charges, the store owner may file a civil lawsuit against you for the losses and damages they incurred due to the theft. While shoplifting charges are taken very seriously in Georgia, it is possible to contest the charges. Several defenses can be used to contest a shoplifting charge successfully. A skilled criminal defense lawyer will review the charges brought against you, recommend the most effective defense strategy, and ensure that your legal rights are protected every step of the way.

What Is Considered Shoplifting in Georgia?

In Georgia, shoplifting – also referred to as “theft by shoplifting” – occurs when an individual takes merchandise or store property without paying. The following acts are considered shoplifting:

• Conceal or take control of a store’s property.
• Change the price tag on any inventory in the store.
• Move merchandise from one container to another.
• Move a price tag from a less expensive product to a more expensive item.
• Wrongfully causing the amount you pay for an item to be less than the store owner’s stated price.

What Are the Penalties for Shoplifting in Georgia?

The penalties you will face for a shoplifting charge will depend on the value of the stolen item. For example, if the item is worth $500 or less, it is considered a misdemeanor offense and may involve a fine of up to $1,000 and up to one year in jail. Repeat offenses come with harsher penalties, including mandatory fines and longer prison sentences. Shoplifting property valued at less than $500 with three or more prior convictions is considered a felony. Depending on the circumstances of the case, the penalties can include one to 10 years in prison, with the first year being mandatory.

If the value of the stolen property is more than $500, this is considered a felony offense, which means you could face steep fines and one to ten years in jail. The penalty will be at the court’s discretion. You may also face civil charges if the store owner seeks compensatory damages. Whether you are facing misdemeanor or felony shoplifting charges, it is recommended that you contact an experienced criminal defense lawyer as soon as possible.

Savannah Criminal Defense Lawyers at Kicklighter Law Represent Clients Facing Shoplifting Charges

Contact our Savannah criminal defense lawyers at Kicklighter Law if you have been charged with shoplifting. We can review the charges brought against you, address all of your questions and concerns, and recommend the defense strategy. To schedule a free consultation, call us today at 912-754-6003 or contact us online. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and the surrounding areas.

If you have been charged with a crime and you have no criminal history, you may be able to have the charges against you reduced to a lesser charge or dropped, depending on the case’s circumstances and the crime’s severity. However, if you have a previous conviction and are facing new charges, evidence of a criminal history can negatively impact your case.

While you can take steps to prevent certain individuals from having access to your criminal records by having them restricted, law enforcement can access those records at any time, including any past convictions.

Second or third offenses can often be charged as felony offenses, with more severe penalties or a longer prison sentence. While you may be able to negotiate a plea deal if this is your first offense, prosecutors are less likely to be lenient if you are a repeat offender.

What Common Mistakes Should I Avoid if I Was Charged With a Crime?

If you have been charged with a crime in Georgia, it is recommended that you discuss your case with an experienced lawyer who can review the details of your case, including any previous charges that have been brought against you. Whether you have a criminal record or not, the prosecutor must prove your guilt. If there is not sufficient evidence of your guilt, you cannot be convicted of a crime.

While the prosecution must meet the burden of proof, do not assume you will avoid a conviction if the case goes to trial, particularly if you have a criminal record. The prosecution will certainly bring this up and point to a pattern of criminal behavior.

In Georgia, the penalties for a misdemeanor include fines of up to $1,000 and 12 months in jail, and a penalty for a felony offense can range from one year in prison to the death penalty, depending on the severity of the crime. A conviction can also hurt your ability to secure employment, a loan, or gain custody of your children.

The criminal justice system is complicated under any circumstances. If you are facing criminal charges and have a previous conviction, the biggest mistake you can make is to handle the case on your own. An experienced lawyer will determine the nature of your charges, examine your previous conviction, and recommend the most effective defense strategy.

Savannah Criminal Defense Lawyers at Kicklighter Law Represent Clients Who Are Facing Criminal Charges

If you have been charged with a crime and you have a previous conviction on your record, it is recommended that you contact our Savannah criminal defense lawyers at Kicklighter Law at your earliest convenience. To schedule a free consultation, call us today at 912-754-6003 or contact us online. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and the surrounding areas.

If you are in a position where you feel threatened by the actions of another person, you may believe that it is well within your rights to defend yourself, even if that means using deadly force. While there are situations where deadly force is warranted in Georgia, there are criteria that must be met for your actions to be justified.

The self-defense argument can be challenging to prove on your own, so it is highly recommended that a skilled and experienced criminal defense lawyer review your case’s details.

For you to justify the use of deadly force, two elements must be present. First, the danger to yourself or another person must be imminent. Second, you must reasonably believe that using force is necessary to prevent significant bodily injury or death to you or another person. This means you have a legal right to use force to defend yourself or another person if your safety is threatened. However, it does not mean you can resort to violence simply because you were involved in a verbal altercation and offended by what the other person said.

Can I Use Force to Protect My Home?

According to Georgia Code § 16-3-23, the use of force may be justified if you reasonably believe it is necessary to prevent another person from unlawfully entering your home and causing severe injuries or death to you or other people in the house. Deadly force is only justified if the person entering your home becomes violent, is not someone you would expect to enter the home, and the only way to prevent the attacker from causing severe injuries or fatalities is to resort to deadly force. A jury will determine whether your use of force was reasonable based on the circumstances of the case and the evidence provided.

When Is a Self-Defense Argument Not Justified?

While you are well within your rights to defend yourself or another person if an attacker threatens to cause serious injuries or death, there are situations where the use of force is unjustified. You must be aware of these situations, as the self-defense argument will not be an effective strategy. The following are examples of scenarios where you may not resort to using deadly force to defend yourself:

• You may not provoke another person to use force against you with the intent to use that as an excuse to inflict bodily harm upon another person.
• Using force may not be justified if you attempt to commit or flee the scene after committing a felony.
• You were the aggressor in an alternation or engaged in mutual combat.  You may be able to claim self-defense if you withdrew from the altercation and clearly communicated your intention to do so, but the other person continued to threaten you.

Savannah Criminal Defense Lawyers at Kicklighter Law Assist Clients With Self-Defense Strategies

If you are facing criminal charges for using force to defend yourself or others, you are urged to contact our Savannah criminal defense lawyers at Kicklighter Law. To schedule a free consultation, call us today at 912-754-6003 or complete our online form. Located in Springfield, Georgia, we proudly serve clients in Effingham County, Savannah, and the surrounding areas.

You must comply with a scheduled court appearance despite the inconvenience of having to take time off from work, arrange childcare, or other scheduling conflicts. Failure to appear for a scheduled court date could result in various negative consequences, including a bench warrant for your arrest. If you missed a court date, intentionally or unintentionally, it is highly recommended that you contact an experienced lawyer.

Your court appearance is mandatory, and the date is set based on the court’s schedule. You should adhere to the court’s requests and arrive on the scheduled date and time. When you do not show up, the judge takes this very seriously. If your missed court date was due to an emergency, including a severe accident, or you were hospitalized for some reason, the judge will likely consider the circumstances of your missed court date and waive the penalty. You must provide documentation of why you missed the court date, including medical records or a police report.

If you do miss your court date, you could face consequences. For example, you may have to pay a significant fine. It is also possible that a bench warrant for your arrest may be issued if you do not show up to your scheduled court date. A bench warrant is issued by a judge for violating the court’s rules, including missing a court date, violation of probation, or a grand jury indictment or sworn affidavit. If a bench warrant has been issued for your arrest, you could be taken to jail immediately if the police stop you or they need to check your license for some reason. You also risk losing your job or being unable to secure a new job if your driver’s license has been suspended.

What Should I Do if I Missed My Court Date?

If you failed to appear at your scheduled court date, contacting a criminal defense lawyer as soon as possible is highly recommended. Your attorney can determine whether the failure to appear was due to an emergency and argue to have the penalties reduced or thrown out. In addition, if you do need to surrender to law enforcement, your attorney will protect your legal rights and recommend the best legal course of action.

Savannah Criminal Defense Lawyers at Kicklighter Law Represents Clients Who Have Missed a Court Date

If you missed a scheduled court date, and there is a bench warrant out for your arrest, or you are facing other legal consequences, do not hesitate to contact our Savannah criminal defense lawyers at Kicklighter Law. To schedule a free, confidential consultation, call us today at 912-754-6003 or complete our online form. Located in Springfield, Georgia, we proudly serve clients in Effingham County, Savannah, and the surrounding areas.

Forgery is a serious criminal offense. It involves the unauthorized alteration, use, or production of documents with the intent to defraud another person or entity. The severity of forgery charges depends on the type and value of the document involved and whether fraud was committed against an individual or an organization.

If you are facing forgery charges in Georgia, it is important to understand how these charges work and what defenses you may have available to you. Depending on the facts of your case, you could be facing substantial time behind bars. Speaking with an experienced criminal defense lawyer may be in your best interest.

What is Forgery?

Forgery occurs when a person either falsifies documents, alters existing documents without authorization, or produces counterfeit documents intending to commit fraud or deceive another individual or entity.

Under Georgia law, there are four distinct levels of forgery depending on the value of the document and whether it was created by an individual or an organization:

• First-degree forgery (forging a certain instrument)
• Second-degree forgery (forging any other written instrument)
• Third-degree forgery (uttering any forged instrument)
• And fourth-degree forgery (uttering any false writing).

Intent To Defraud

In order for a person to be convicted of forgery in Georgia, prosecutors must prove that they had intent to defraud another person or entity. This intent can be proven through circumstantial evidence such as testimony from witnesses who observed suspicious behavior before, during, and after the alleged offense took place. Prosecutors must also show that a defendant acted intentionally; otherwise known as “mens rea” which means having knowledge that their actions were wrong and criminal. Furthermore, prosecutors must also prove that there was harm caused by the defendant’s actions, which resulted in financial loss or personal damage to another party.

Defenses Available

If you are facing criminal charges related to forgeries in Georgia, there are several defenses available, depending on your circumstances. These include:

• Coercion (being persuaded by someone else into committing a crime)
• Duress (being forced into committing a crime under threat)
• Entrapment (being lured into committing a crime due to law enforcement’s involvement)
• Lack of evidence proving guilt beyond a reasonable doubt (insufficient proof)
• Lack of intent to commit fraud (accidental decision making)
• Lack of knowledge that one’s actions were illegal (ignorance)

There may be different defenses available if you are facing criminal charges related to forgeries in Georgia. Depending on the degree of the forgery charge you face, you could be looking at up to 15 years in prison. The most important thing you can do after being charged with forgery in Georgia is to speak with a skilled and experienced lawyer who can help protect your rights and provide you with a solid defense to the charges against you.

The Savannah Criminal Defense Lawyers at Kicklighter Law Help Protect Your Rights

A criminal conviction in Georgia could result in jail time, prison time, loss of rights, and difficulties getting employment. To help you work to avoid these negative outcomes, speak with the Savannah criminal defense lawyers at Kicklighter Law. To learn more about how we can help you, contact us today to schedule your free consultation by calling 912-754-6003 or inquire online. We proudly serve our Georgia neighbors in Springfield, Effingham County, Savannah, and surrounding areas.

When children are accused of committing crimes, their cases are handled differently than adult cases. Every state has separate courts for juvenile crimes, and the rules, procedures, and outcomes vary. No matter how things play out, the juvenile’s life will be changed forever. If your loved one is facing charges as a juvenile, contact an experienced criminal defense lawyer today.

What are the Most Common Juvenile Crimes?

Many, but not all, juvenile crimes are considered misdemeanors. Here are some of the most common ones, with some being much more serious.

• Assault: Teenagers often get into fights, or assault others when committing other crimes like stealing.
• Driving Under the Influence: A juvenile can be pulled over and charged with a DUI. Excessive drinking and drug use can also lead to a drunk and disorderly conduct charge.
• Illegal Purchases: This includes illegally purchasing alcohol, cigarettes, or drugs. These can come with possession and intent to distribute charges.
• Larceny: Stealing from other people, homes, and businesses. Auto theft is also a common charge.
• Sexual Offenses: This includes rape and sexual assault, sharing pornographic pictures of others, and abuse.
• Violent Crimes: There are many reasons why juveniles commit violent crimes, like previous abuse, drugs, alcohol, and mental illness.

 The Basics of a Juvenile Defense

Juvenile offenders are looked upon differently since adults are considered to be fully grown, have better judgment, and not be as vulnerable to outside influences. Courts tend to suggest preventative measures to help juveniles improve their lives, with the goal of helping the child while ensuring public safety. Once the seriousness of the crime is determined, the juvenile will be sent back to the parents or into a Juvenile Detention Center (JDC) to await trial. After court, the youth might return to JDC, be sent back to the parents, and/or be placed on probation.

A juvenile under the age of seven cannot be held responsible for criminal wrongdoing. However, if the accused is over than age of 17, they will go to an adult criminal court instead. The same thing could happen with serious charges like rape or murder, but there will be a hearing to determine that ahead of time. Like adults, juveniles must be presented before a court of law within 24 hours of being brought into custody and are entitled to general defenses. Examples of the latter might include self-defense against an attack and involuntary intoxication.

What if the Case Goes to Court?

Juvenile criminal courts are more informal than adult versions. The intake officials, law enforcement officers, and prosecutors have more discretion, but important procedures are still followed. Many child offenders do not end up at formal adjudicatory hearings.

Some cases will end up in court, so it is wise to contact an experienced criminal defense lawyer with a background in juvenile defense to provide guidance. Instead of waiting to see how things will start, reaching out for consultation makes sense. This way, you could form the foundation needed to build a strong defense and protect your loved one’s rights.

The Savannah Criminal Defense Lawyers at Kicklighter Law are Experienced with Juvenile Defense Cases

It is hard to know where to turn when a juvenile is accused of a crime, since they are young, vulnerable, and at the mercy of an expansive criminal justice system. At Kicklighter Law, our skilled Savannah criminal defense lawyers understand the system and will work to protect your juvenile’s rights. Call our Springfield, Georgia office at 912-754-6003 or complete our online form for a free consultation. We help clients of all ages in Springfield, Effingham County, Savannah, and surrounding areas.

Robbery is a felony offense, which means that those charge with robbery could be facing serious penalties, including a lengthy prison sentence. There are several types of robbery charges, ranging from shoplifting to armed robbery, and severity of the penalties increases with the seriousness of the charge. Even shoplifting is considered a felony offense in Georgia if the value of the stolen merchandise is over $500. If you are facing any type of robbery charge, it is crucial that you have a skilled and experienced criminal defense lawyer on your side who can develop the most effective defense strategy and ensure that the charges against you are reduced or dropped. 

What Is Considered Robbery?

Robbery is a theft crime where an individual steals another person’s property, often by force, threat or intimidation, sudden snatching or placing the other person in fear of serious bodily harm. If a firearm or other type of weapon was used in the threat or intimidation, this would constitute armed robbery. Even if an unloaded gun or a replica of a weapon was used, the individual could be charged with armed robbery. Armed robbery charges can also be brought against those who only looked like they had a weapon — if you kept your hand concealed in your pocket, or behind your back while threatening a victim, this could be classified as armed robbery even if you were not carrying a weapon.

What Are the Defense Options for Robbery?

There are a range of defense strategies that your criminal defense lawyer may pursue, based on the circumstances of the case and the evidence that is available. The following are examples of defense strategies that are used in robbery cases:

• Innocence: If you are innocent of the crime for which you have been accused, you must be able to provide solid proof of your innocence. If you can provide an alibi that you were not in the location of the robbery when the robbery occurred, this can serve as a defense. If a witness can verify your alibi, this will help strengthen your defense.
• Burden of proof: In any criminal case, the prosecution has the burden of proving beyond a reasonable doubt that you are guilty of committing the crime of robbery. In order to prove that you are guilty, the prosecution must prove every element of the charge, from taking the other individual’s property to the presence of a weapon if you are charged with armed robbery.
• Lack of evidence: This is related to the burden of proof in that there must be sufficient evidence in order to successfully prosecute a robbery charge. If the evidence is lacking, or the prosecution is unable to prove that you were present at the time of the robbery, you will likely be found not guilty.
• Intoxication: This may be a viable defense strategy if certain elements of the robbery cannot be proven, and you were intoxicated at the time of the crime. There are two types of intoxication defenses, including the following:
  • Involuntary intoxication: This is when you have become intoxicated against your will or due to actions outside your control. Any criminal behavior that you engaged in while intoxicated may be excused.
  • Voluntary intoxication: If you became intoxicated voluntarily, it is unlikely that you will be able to use this as a defense to have the charges against you dropped. However, you may be able to plead a lesser charge if the crime was committed while you were under the influence of drugs or alcohol. Your criminal defense lawyer will determine whether this is a viable defense strategy.
• Entrapment: If you were forced by a government agent to commit a crime that you otherwise would not have committed, the entrapment defense may be a viable strategy. While this defense can be difficult to prove, if you can demonstrate that law enforcement agents persuaded or coerced you to commit a robbery, this may be an effective defense strategy.
• Duress: This defense strategy may be used if you were forced to commit the robbery until threat of bodily injury or death. However, this can be more challenging to prove, and courts will often reject this line of defense if you did not show a sufficient fear of harm, or if you had the opportunity to avoid committing the robbery without the risk of serious injury or death.
• True owner: Your criminal defense lawyer will only pursue this line of defense if you can prove that you are the true owner of the property that you are accused of stealing.

What Are the Penalties for Robbery Charges?

In the state of Georgia, any type of robbery is considered a felony offense, and the resulting penalties are severe. The severity of the penalty will increase based on the nature and circumstances of the crime, and whether there was a threat of physical harm or violence. The following are examples of penalties you could face based on the type of robbery charge:

• Robbery: If you are convicted of robbery in Georgia, you will spend a minimum of one year in prison, with a maximum prison sentence of 20 years. If you are 65 or older, you will face a minimum of five years in prison if you are convicted. 
• Armed robbery: As this is considered a serious violent felony, the punishment is more severe. If you are convicted of armed robbery, you will face a minimum prison sentence of ten years, and up to life in prison and the death penalty if the nature of the crime was particularly violent. 
• Armed robbery of a pharmacy: If you have been convicted of stealing controlled substances from a pharmacy or drug dispensary while armed with a deadly weapon, and you intentionally injured another individual while carrying out the robbery, you will face a minimum prison sentence of 15 years.
• Hijacking a vehicle: Also referred to as carjacking, this is a serious crime that involves stealing another person’s vehicle, whether the owner of the vehicle is present or not. In Georgia, hijacking is a felony offense, which carries a minimum prison sentence of ten years and fines of no less than $10,000 and a maximum of $100,000. If a weapon is used to obtain the vehicle, or intimidation or violence is involved, you may face a prison sentence of ten to 20 years. The penalty becomes much more severe if this is your second offense, in which case you could face life in prison and fines between $100,000 and $500,000.
• Repeat offenses: If you have been convicted of a second felony, including armed robbery, or hijacking a vehicle, you could be sentenced to life without parole. If you have three prior convictions from any other state, Georgia law states that you must serve the maximum sentence without the possibility of parole.

What Impact Does a Robbery Conviction Have?

A robbery conviction can have a significant impact on your life, especially if you are facing a lengthy prison sentence. In addition to the jail time, a robbery conviction will remain on your record for the rest of your life. This can make it difficult for you to find employment, apply for a mortgage, or take other steps towards a normal life. The stigma of a robbery conviction can cause irreparable damage to relationships with family, friends, and former colleagues. You might lose your right to vote in future elections. A highly skilled criminal defense lawyer will review the details of your case and recommend the best legal course of action.

Springfield Criminal Defense Lawyers at Kicklighter Law Represent Clients Who Are Facing Robbery Charges

If you have been charged with robbery, this is a very serious offense that requires an effective defense strategy. The skilled Springfield criminal defense lawyers at Kicklighter Law will thoroughly examine the details of your case, determine the best defense strategy based on the evidence available, and ensure that your legal rights are protected at all times. To schedule a free, confidential consultation, call us today at 912-205-6248 or fill out our online form. With our offices located in Springfield, Georgia, we proudly serve all clients of Springfield, Effingham County, Savannah, and surrounding areas.

Whether you committed tax fraud or assaulted another person, you will face legal consequences for your actions. The severity of the penalty will depend on the nature of the crime, and whether you caused serious bodily harm to another person. While both non-violent and violent crimes can have serious legal consequences, violent crimes warrant severe punishments, including life in prison. An experienced criminal defense lawyer will review the charges that have been brought against you, ensure that your legal rights are protected and recommend the legal strategy that will result in the charges against you being reduced or dropped.

What Are Non-Violent Crimes?

Generally speaking, a crime is considered non-violent if there was no use of force or injury to another person. There are a wide range of crimes that fall under this category of crimes, including:

• Alcohol and non-violent drug-related crimes
• Bribery
• Embezzlement
• Gambling and racketeering
• Insurance fraud
• Larceny
• Personal property arson
• Prostitution
• Tax crimes, fraud, and other white-collar crimes
• Vandalism

What Are Violent Crimes?

Violent crimes involve the use of force and/or serious bodily injury to another person. All violent crimes come with serious penalties, including steep fines and significant jail time. Examples of violent crimes include the following:

• Armed robbery
• Assault and battery
• Carjacking
• Domestic violence
• Homicides, including murder and manslaughter
• Kidnapping
• Sexual assault and abuse

What Are the Legal Penalties for Non-Violent Crimes?

In most cases, non-violent crimes are punishable by some type of fine or a short jail sentence, although the amount of the fine and the length of the jail sentence will depend on the type of crime that was committed and the circumstances surrounding the crime. Felony charges may include certain drug crimes, burglary, embezzlement, and larceny, whereas crimes like certain traffic offenses, petty theft and public intoxication are considered misdemeanors and will come with less severe consequences in accordance with the nature of the crime.

What Are the Penalties for Violent Crimes?

Most violent crime convictions come with a mandatory minimum prison sentence, which means that you will not be eligible for parole or early release, regardless of good behavior. In addition to the prison sentence, you will face additional penalties, including steep fines, restitution to the victims, probation, the loss of professional licenses, difficulty finding a job and restricted financial opportunities.

What Are Possible Defenses for Non-Violent and Violent Crimes?

Whether you have been charged with a non-violent crime, or a more serious violent crime, it is important that you have an experienced criminal defense lawyer on your side who can review the details of the case and recommend the most effective defense strategy. The following are examples of possible defenses:

• Duress and/or necessity: This defense may be used if you can prove that you committed the crime under the threat of bodily injury or death.
• Insanity: This defense if applicable if you were suffering from a severe mental illness when the crime was committed.
• Intoxication: If you became intoxicated voluntarily, and you can prove that you committed the crime due to your diminished capacity, it is possible that the charges against you will be reduced. However, it is unlikely that they will be dropped, unless you were involuntarily intoxicated after being unknowingly drugged or forced to consume a significant amount of alcohol.
• Self-defense: This defense may be used if you can prove that your actions were in response to a threat, and that you believed that you were in imminent danger.

Springfield Criminal Defense Lawyers at Kicklighter Law Represent Clients Facing Criminal Charges

If you have been charged with a crime, you are urged to contact the Springfield criminal defense lawyers at Kicklighter Law. Our dedicated legal team will thoroughly review the nature of the charges, including whether you have been charged with a violent or non-violent crime, and recommend the most effective defense strategy. Protecting your legal rights is our top priority. To schedule a free, confidential consultation, call us today at 912-754-6003 or contact us online. With our offices located in Springfield, Georgia, we proudly serve all clients of Springfield, Effingham County, Savannah, and surrounding areas.

If you have been charged with a drug crime in the state of Georgia, the charges that come with severe penalties, ranging from steep fines to jail time. The severity of the penalty will depend on the nature of the crime, and the type of drug that is found in your possession. Whether you have been charged with a misdemeanor or a felony, it is imperative that you have a highly skilled criminal defense lawyer on your side who will protect your legal rights and recommend the most effective defense strategy that will result in the charges against you being reduced or dismissed.

What Are the Most Common Types of Drug Crimes?

Georgia has some of the strictest laws against drug possession and distribution in the country. When facing drug charges, it is important that you understand the type of drug crime that you have been charged with, as the penalty will vary based on the severity of the crime. The following are examples of the different types of drug crimes in Georgia:

• Drug use: If you were charged with drug use, it means that you were caught taking an illegal drug. You could also be charged with possession if you took a prescription drug like opioids, sedatives, or stimulants without a prescription.
• Drug possession: This is the most common type of drug offense. It occurs when you are in possession of a drug, but you do not have a valid prescription. There are two types of drug possession, including actual possession, which could be charged with if the drug is found on your person. The second type of drug possession is constructed possession, which occurs if you were in close enough proximity to a drug to possess it. 
• Manufacturing: If you are involved in any step of the production of an illegal drug, including growing marijuana or manufacturing methamphetamines, you could face manufacturing charges. Repackaging a drug for resale is also illegal and may lead to manufacturing charges.
• Possession with the intent to distribute: This charge involves the sale, smuggling, and delivery of illegal drugs and substances. If you are caught with scales, syringes, pipes, rolling papers, packaging, and other materials that are generally used to profit from illegal drugs, a possession charge can escalate to an intent to sell, which comes with additional severe penalties. However, the arresting police officer must be able to prove that you were selling drugs, and that there was no other reasonable use for the materials found in your home.
• Drug trafficking: If you are facing a drug trafficking charge, this is one of the most serious drug crimes, and the penalties are severe. This charge usually involves the transportation of a significant amount of drugs, so if you are in possession of a large quantity of illegal drugs, a police officer will likely assume that you plan to sell the drugs, which will result in a distribution charge. The officer does not have to prove that you intend to sell the drug in order to charge you with drug trafficking.

How Are Drugs Classified?

The type of drug that is found in your possession will affect the seriousness of the crime for which you are charged. Drugs are categorized into five different “schedules,” based on their potential for abuse. The following are the five drug schedules, and examples of drugs that fall into each category:

• Schedule I drugs and substances: These drugs have the highest potential for abuse, and they have no accepted medical use. They include drugs like heroin, lysergic acid diethylamide (LSD), psilocybin mushrooms, and 3,4-methylenedioxymethamphetamine, also known as ecstasy. 
• Schedule II drugs and substances: These are also highly addictive, but they are accepted for medical use and treatment under certain circumstances. They include oxycodone, fentanyl, cocaine, methadone, hydromorphone, Adderall, and Ritalin.
• Schedule III drugs and substances: These are drugs that have an accepted medical use and have a low to moderate potential for dependence. They include drugs containing less than 90 milligrams of codeine per dosage, ketamine, anabolic steroids, and testosterone.
• Schedule IV drugs and substances: These drugs have an accepted medical use and have a lower potential for abuse. They include drugs like Xanax, Valium, Ativan, Ambien, and Darvocet.
• Schedule V drugs and substances: These have an accepted medical use and have the lowest potential for abuse. They include cough medications with less than 200 milligrams of codeine or per 100 milliliters, like Robitussin AC, as well as Lyrican, Lomotil, and Parapectolin.

What Are the Penalties for Drug Crimes?

Drug crimes are taken seriously in the state of Georgia and the penalties for a drug-related conviction are severe. If you have been wrongly accused of a drug crime, it is imperative that you have a skilled and experienced criminal defense lawyer on your side who can review the charges that have been brought against you and recommend the best legal course of action. In addition to steep fines, losing your driver’s license and the loss of financial aid, scholarships and other financial holdings, the following are the legal penalties you could face if convicted of a drug crime:

 Penalties for Schedule I and II Substances

• If you have been charged with purchasing or possessing a Schedule I or II drug, and it is your first offense, penalties include imprisonment for a minimum of two years and a maximum of 15 years. Penalties for subsequent offenses include a prison term ranging from five year to a maximum of 30 years.
• If you sell, or intend to distribute Schedule I or II substances, the penalties for a first offense include a prison term of five to thirty years. For subsequent offenses, you could face a prison term of ten years to a life sentence.

Penalties for Schedule III, IV, and V Substances

• If you have been charged with purchasing or possessing a Schedule III, IV or V substance, and it is your first offense, the penalty includes a prison term of one to five years, and one to ten years for any subsequent charges.
• If you are charged with selling or intent to distribute Schedule III, IV or V substances, the penalties include a prison term of one to ten years. 

What Are the Most Effective Defense Strategies for Drug Crimes?

If you have been charged with a drug crime, there are a number of defense strategies that are available, depending on the circumstances of the case. Your criminal defense lawyer will thoroughly review the charges and recommend the most effective defense strategy. The following are examples of common defense strategies that may result in the charges against you being reduced or dismissed:

• Unlawful search and seizure: This is one of the most common defenses used in drug possession cases. According to the Fourth Amendment to the U.S. Constitution, law enforcement may only search a person’s body or property under certain circumstances. If the drugs are found through illegal means, including searching your vehicle’s trunk without permission, this may be an effective defense strategy.
• Entrapment: This occurs when a police officer forces a suspect to commit a crime that he or she would not otherwise have committed. While this can be an effective strategy if a police officer harassed or threatened you into committing a crime, law enforcement officials may set up sting operations to catch drug dealers or go undercover to buy or sell drugs to a suspect. A criminal defense lawyer will determine whether this is the best legal course of action based on the circumstances of your case. 
• Chain of custody issues: If the drugs that have been seized during an arrest are missing from the evidence room or locker, your criminal defense lawyer may argue that the police officer did not handle the drugs properly during the course of the investigation.
• Faulty lab analysis: If there are any errors or inconsistencies in the crime lab analysis report, your criminal defense lawyer may require the crime lab analyst to testify at your trial. This line of defense can be used to poke holes in the prosecution’s case.
• Drugs belong to someone else: Defendants who have been charged with a drug crime often claim that the drugs do not belong to them. This may or may not be an effective defense strategy because the prosecution only needs to show that you had control of or access to the drugs. Your criminal defense lawyer will determine whether this is a viable defense strategy.

Springfield Criminal Defense Lawyers at Kicklighter Law Represent Clients Facing Drug Charges

If you have been charged with a drug crime, you are strongly urged to contact the Springfield criminal defense lawyers at Kicklighter Law at your earliest convenience. Our dedicated legal team will work tirelessly to ensure that your rights are protected and that the charges against you are reduced or dropped. To schedule a free, confidential consultation, call us today at 912-754-6003 or contact us online. With our offices located in Springfield, Georgia, we proudly serve all clients of Springfield, Effingham County, Savannah, and surrounding areas.