Augusta Drug Charge Attorney

Drug Charge Defense

Almost all drug possession charges in Georgia are felonies with the major exception being simple possession of marijuana. Felony convictions come with serious consequences if you get convicted. If you or a family member is facing drug possession charges, it's crucial to seek legal counsel from an experienced and reputable drug defense attorney who can provide expert guidance and help protect your rights.

Drug Crimes

Drug Crime Defense Attorney in Augusta, GA

In the state of Georgia, there are five common types of drug crimes:

  • Distribution 
  • Manufacturing
  • Possession (least severe)
  • Purchasing
  • Trafficking (most severe) 

Being convicted of one of these crimes is generally punished with harsh sentences enforced by the state. Depending on the severity of your charges, a highly-skilled criminal defense lawyer may be able to help you get these charges reduced, or completely dismissed.  

Some examples of drug crimes include:

  • Possession of (less than one ounce) of marijuana
  • Possession of marijuana with intent to distribute (depending on quantity)
  • Unlawful possession of any Schedule I Controlled Substance, Schedule II narcotic, or Schedule II non-narcotic.
  • Unlawful sale/distribution of any Schedule I or II Controlled Substance.

Penalties For Drug Offenses in Georgia

Marijuana possession is usually a misdemeanor, and carries up to 12 months in confinement.  Some jurisdictions are only prosecuting marijuana possession as a city/county ordinance.

Possession of 28 grams or more of marijuana is a felony and carries up to 10 years.  

Possession of marijuana with the intent to distribute is a felony and carries up to 10 years.  

Less than 1 gram: 1-3 years

1-3 grams: 1-8 years

4-27.99 grams: 1-15 years

GA Code § 16-13-30 (2022)

Less than 2 grams: 1-3 years

2-3.99 grams: 1-8 years

4-27.99 grams: 1-15 years

GA Code § 16-13-30 (2022)

Possession of marijuana with intent to distribute 1-10 years

Possession with intent to distribute other drugs (Schedule I, or II) carry 5-30 years, or if 2nd or subsequent 10-40 or life

GA Code § 16-13-30 (2022)

Maximum 30 years in prison. 

Amount of drugs necessary to be considered trafficking:

Cocaine- 28 grams

Marijuana- 10 pounds

Methamphetamine- 28 grams

Illegal drugs (heroin, fentanyl) 4 grams

GA Code § 16-13-31 (2022)

Drug Crimes

Before considering a potential outcome in a drug case, you need a lawyer who will thoroughly question and scrutinize the search and seizure. Did law enforcement follow Constitutional requirements? And only then should you discuss whether the state can prove possession.

I’ve had success in getting drug cases dismissed based on insufficient evidence and suppressed due to illegal police searches. I’ve also completed jury trials where my clients have received favorable jury verdicts.

Case Results

When the stakes are high, the results matter most.

Not Guilty

Possession With Intent

Client charged with possession of marijuana with intent to distribute. Jury verdict of simple possession of marijuana.

Reduced to Disorderly Conduct

Possession With Intent

Possession with intent to distribute marijuana. Reduced to disorderly conduct.

Case Dismissed


Trafficking methamphetamine. Dismissed. Probation on remaining counts.

Reduced to Simple Possession


Trafficking methamphetamine. Reduced to simple possession of methamphetamine and probation.

Case Dismissed


Possession of cocaine. Motion to suppress filed. Case Dismissed.

Case Dismissed


Possession of heroin. Motion to suppress granted. Case dismissed

Case Dismissed


Possession of Marijuana. Motion to suppress filed. Case Dismissed.

Case Dismissed


Possession of methamphetamine. Motion to suppress granted. Case dismissed.

Case Dismissed

Possession With Intent

Client charged with possession with intent to distribute Xanax and possession with intent to distribute marijuana. Judge Granted Motion to Suppress. Case dismissed.

Client Reviews

Here is what our clients have to say.

Best Possible Outcome

"Wasn’t feeling very hopeful about my case but Mr. Mitchell managed to get me the best possible outcome. In the beginning I was on the fence about getting an attorney (if it’d be worth it) but I’m very glad I did. He delivered exactly what I asked for, even when it felt impossible."

Todd Saved My Life

"My murder charge got dismissed!! After 4.5 years of being on house arrest, being told "no" in court over multiple times & having zero hope in my previous attorney the moment I hired Todd he literally went to war to fight for this case for me, he never made promises he just kept his word to fight for me. The odds were against me Todd changed that!! If your freedom is on the line call Todd."

Skilled, Respectful Representation

"Mr. Mitchell turned a complex issue that we had been fighting for years into an outcome we didn't think was possible, in a matter of months. Make him your first call and you will not regret it. I highly recommend Todd Mitchell"

Won My Case In Less Than 1 Hour

"Mr. Todd was a great attorney and handled my case quickly. I hired him three days before my trial and he came in, did a great job, and he got my case beat in less then an hour in the courtroom. I can't recommend Todd Mitchell enough"

Successfully Proved My Son's Innocence

"Mr. Todd took the time to listen to my son's side of the story. He was very understanding and patient. He took the time to gather the evidence that supported the case and proved my son's innocence. We are very appreciative. Again, thank you!"

The King of Trials - Mr. J. Todd "The Lion" Mitchell 

"Mr. Mitchell is a real lion in the court room. I was facing 52 years and came out with a 2-5 year sentence. When his back is against the wall, Todd doesn't give up. I think he should change his name to J. Todd "The Lion" Mitchell. He is the only lawyer I will trust."

Todd is Knowledgeable & Fearless!

"I was in an impossible situation and thought I would spend a chunk of my life behind bars. Then God sent Todd Mitchell. He spoke up for me to the judge and D.A. at the hearing and was continuously on top of the case. His is the only number I'll call."

Great Counsel and a Great Outcome

"I hired Todd to handle a criminal case with a high probability of significant jail time. He was key in navigating the complexities of my case and always offered sound advice which ultimately resulted in the best possible outcome for my circumstances."

Todd Mitchell is a Winning Trial Expert

"Todd Mitchell is a trial expert, not just a criminal defense lawyer. His extensive experience WINNING trials, not just trying them, sets him apart from other attorneys in this area. If you want someone who will fight for you, hire Todd Mitchell."

Drug Crime Defense FAQs

Drug crimes can carry serious consequences in Georgia. If you’ve been charged with drug possession, trafficking, or another drug crime, it’s important to speak with a drug crime attorney as soon as possible. To help you get a general idea of what to expect, we’re including answers to some of the most frequently asked questions below.

Georgia drug crimes range from simple possession to purchasing, manufacture, possession with intent to distribute and trafficking. Most of these crimes, including possession of most types of drugs, are felonies and can carry serious consequences.

In Georgia, it is a felony to possess any quantity of an illegal drug or a prescription drug that was not legally prescribed for you. The only exception is possession of a small amount of marijuana, which is a misdemeanor. The classification of the crime and possible penalty for drug possession depends on the type of drug you are accused of possessing and the quantity. The possible sentences range from one year in prison to 30 years, with significant fines. A local drug possession lawyer can explain in more detail the elements of the crime you are charged with and the possible penalties.

Unlike most states, Georgia does not classify felonies by class or degree. When you hear a degree mentioned, such as Arson in the Second Degree, that is the name of a particular crime, and the degree only relates to the other degrees of arson. So, drug trafficking is simply classified as a felony. The possible penalty for drug trafficking depends on the type and amount of drug involved. This is a complex area that is best discussed with an experienced Georgia drug lawyer, because the penalties may depend in part on technical factors like the degree of purity of the substance.

First, say nothing. Many people accused of crimes think that they may be able to explain what happened or talk their way out of charges, but it’s almost always a mistake. Whether or not you are guilty of the crime, it is generally best not to answer any questions or volunteer any information until you have consulted an experienced drug crime lawyer. With that in mind, it’s probably no surprise that the best next step is to contact an attorney.

As soon as possible. Ideally, before you have had any conversations with law enforcement or made your first appearance in court.

The best way to fight Georgia drug charges depends on the specifics of your case. For example, your drug defense lawyer may be able to successfully argue that the police didn’t have probable cause for the search that turned up the drugs and get the evidence suppressed. Or, your lawyer may get the alleged drugs tested and discover that they were counterfeit. Possession of counterfeit drugs is still a crime in Georgia, but it’s a misdemeanor. These are just a couple of examples of different ways you may be able to fight drug charges. Your drug crimes lawyer can explain the possible approaches for your case.