Updated: Oct 4, 2023
Trafficking in opium or heroin can mean prison terms of 70, 90, or 225 months in North Carolina. But you have options - the most critical being choosing the best lawyer with the right skills and experience to defend you.
Trafficking in Opium or Heroin by Possession
North Carolina State Criminal Offense
Drug trafficking is the most serious drug offense under North Carolina law. Drug trafficking is also a federal crime, but this page discusses the offense as it exists under State law. Possession of any controlled substance (“drug”) under North Carolina law may become a drug trafficking offense if an excessive amount is possessed.
Trafficking in Opium or Heroin is a felony crime under North Carolina General Statute § 90-95(h)(4). Trafficking is the unlawful sale, manufacture, delivery, transportation, or possession of opium or heroin in an amount that triggers the application of the trafficking statute. The punishment for Trafficking in Opium or Heroin in North Carolina depends upon the amount possessed by the defendant. If the quantity of such controlled substance or mixture involved:
Is four grams or more but less than 14 grams, such person shall be punished as a Class F felon and shall be sentenced to a minimum term of 70 months and a maximum term of 93 months in the State’s prison and shall be fined not less than fifty thousand dollars ($50,000.00);
Is 14 grams or more, but less than 28 grams, such person shall be punished as a Class E felon and shall be sentenced to a minimum term of 90 months and a maximum term of 120 months in the State’s prison and shall be fined not less than one hundred thousand dollars ($100,000.00);
Is 28 grams or more, such person shall be punished as a Class C felon and shall be sentenced to a minimum term of 225 months and a maximum term of 282 months in the State’s prison and shall be fined not less than five hundred thousand dollars ($500,000.00).
For a defendant to be found guilty of this offense, the State must prove two things beyond a reasonable doubt. These things are called “elements” of the crime and must both be proven by the State at the trial of the case beyond a reasonable doubt. The elements of this crime are:
(1) First, that the defendant knowingly possessed opium or heroin. A person possesses opium or heroin if the person is aware of its presence and has (either by oneself or together with others) both the power and intent to control the disposition or use of that substance.
(2) And second, that the amount of opium or heroin which the defendant possessed was an amount that is covered by the trafficking statute as stated above. The State typically offers proof of this by the testimony of an employee of the State Crime Laboratory who examined the substance and found it to be opium or heroin in accordance with proper scientific testing and the introduction of the laboratory report into evidence at trial.
As to the second element, the State is not required to prove that the defendant had knowledge of the weight or amount of the opium or heroin the defendant knowingly possessed, only that the defendant knowingly possessed the controlled substance.
At trial, if the jury finds from the evidence beyond a reasonable doubt that on or about the alleged date the defendant knowingly possessed opium or heroin and that the amount which the defendant possessed was in an amount covered by the trafficking statute listed above, then it would be the duty of the jury to return a verdict of guilty. If the jury does not so find or has reasonable doubt as to one or both of these things, then it would be the jury’s duty to return a verdict of not guilty.
If you have been charged with Trafficking in Opium or Heroin in North Carolina, then you need experienced legal representation to defend you in court. With minimum prison terms of 70, 90, or 225 months, you need a lawyer who has extensive experience handling drug trafficking cases, both before trial in plea negotiations and, if a satisfactory result cannot be reached, in a trial by jury. Attorney Garland Byers is a former police officer, former Assistant District Attorney, and has successfully investigated, prosecuted, and defended, drug trafficking cases in North Carolina Superior Court.
One thing you need to know: you have options. There are very effective defenses to this charge. Each case is, of course, different and the facts of your case are totally unique. Regardless, there are things that can be done to maximize your chances of obtaining a favorable result. But these things must be done early on in your case in order to put your case on the best possible footing. One thing to be aware of is that the longer a heavy drug case remains pending in State Court, the odds of the federal government taking the case and federal charges being brought against you increase. Obviously, the punishments for drug trafficking is much different in federal court. Suffice to say, it would severely complicate your legal situation.
As to the complexities of drug trafficking crimes, these cases typically involve intensive criminal investigations, sometimes by multiple law enforcement agencies and sometimes across multiple jurisdictions and are likely to generate extensive and voluminous reports and other evidence, all of which must be reviewed and evaluated in order to properly defend and advise you. To further complicate the situation, there are likely to be confidential informants and search and seizure issues in these cases which can provide you with prime defenses which can mean the difference between success and failure in obtaining a favorable result in your case.
Whether you want to plead guilty to a lesser offense, to take the case to trial, or you aren’t sure what to do, you should retain an experienced criminal defense lawyer to advise you immediately. Please give the law office of Garland Byers a call and have a consultation about your specific case. If you are a friend or family member reading this because your loved one is in jail, you can make the call on your friend or family member’s behalf to begin the process of turning the ship around.
Any lawyer with a valid law license can represent you. The challenge is to find the right lawyer with the right skills and the right experience for your specific case. Give us a call and let’s see if we are a good fit to guide you through these dangerous legal times. The choice of a lawyer is of critical importance. Make the right one.
Call the Byers Law Firm today.
Rev. 09/28/23; 10/3/23