Atlanta, GA asked in Criminal Law and Federal Crimes for Georgia

Q: What would you be looking at for possession of illegal weapon?

Along with possession of marijuana and methamphetamine, intent to distribute, possession of illegal weapon in consession of a crime, distributing cocain within 1000 feet of a school

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1 Lawyer Answer

A: Possession of Illegal Weapon - TRANSLATION - 1st Time- 5 years in Prison

A person commits the offense of unlawful possession of firearms or weapons when he or she knowingly has in his or her possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer, and, upon conviction thereof, he or she shall be punished by IMPRISONMENT for a period of FIVE years.

OCGA § 16-11-123

Possession with Intent ( Marijuana) TRANSLATION - 1st time - 1- 10 years in Prison

(j)(1) It shall be unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, purchase, sell, or possess with intent to distribute marijuana.

(2) Except as otherwise provided in subsection (c) of Code Section 16-13-31 or in Code Section 16-13-2, any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than ten years.

OCGA § 16-13-30

Possession with Intent (Meth) - TRANSLATION- 1st Time - Depending on Weight (< gram= 1- 3 years) (< 4 grams= 1- 8 years) (<28 grams = 1- 15 years in prison)

(c) Except as otherwise provided, any person who violates subsection (a) of this Code section with respect to a controlled substance in Schedule I or a narcotic drug in Schedule II shall be guilty of a felony and, upon conviction thereof, shall be punished as follows:

(1) If the aggregate weight, including any mixture, is less than one gram of a solid substance, less than one milliliter of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of less than one gram, by imprisonment for not less than one nor more than three years;

(2) If the aggregate weight, including any mixture, is at least one gram but less than four grams of a solid substance, at least one milliliter but less than four milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least one gram but less than four grams, by imprisonment for not less than one nor more than eight years; and

(3)(A) Except as provided in subparagraph (B) of this paragraph, if the aggregate weight, including any mixture, is at least four grams but less than 28 grams of a solid substance, at least four milliliters but less than 28 milliliters of a liquid substance, or if the substance is placed onto a secondary medium with a combined weight of at least four grams but less than 28 grams, by imprisonment for not less than one nor more than 15 years.

OCGA § 16-13-30

Controlled substance or marijuana in, on, or within 1,000 feet of parks, playgrounds, recreation centers, or housing

TRANSLATION- 1st TIme- up to 20 years to serve in PRISON -

THIS CHARGE ****** A sentence imposed under this Code section shall be served consecutively to any other sentence imposed. OCGA. § 16-13-32.5

Upon a first conviction, imprisonment for not more than 20 years or a fine of not more than $20,000.00, or both; or

OCGA . § 16-13-32.5

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