Intent to Distribute or Sale
Believe it or not, it is possible to receive a life sentence in prison if convicted of two or more drug distribution offenses regardless of the amount of drugs involved. If this is coupled with at least 3 prior felony convictions, the sentence is not eligible for parole. The true effect of Georgia’s laws against drug distribution is thousands of people spending decades or entire lifetimes in prison for a non-violent offense.
Possession of Drugs with Intent to Distribute or Sale charges are one of the 5 most serious criminal charges in Georgia. If weapons were involved in your case or you have prior felony convictions, judges and prosecutors are more likely to increase sentences because of these factors. Therefore, it is especially critical that you hire an experienced lawyer who has fought the state in protecting clients from serious drug convictions.
(d) Except as otherwise provided, any person who violates subsection (b) of this Code section with respect to a controlled substance in Schedule I or Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 30 years.
Upon conviction of a second or subsequent offense, he or she shall be imprisoned for not less than ten years nor more than 40 years or life imprisonment. The provisions of subsection (a) of Code Section 17-10-7 shall not apply to a sentence imposed for a second such offense; provided, however, that the remaining provisions of Code Section 17-10-7 shall apply for any subsequent offense.
O.C.G.A. § 16-13-30 (2013 law will change July 2014)