CRIMINAL DEFENSE · GREENSBORO · GUILFORD COUNTY · HIGH POINT, NC
Charged with Drug Trafficking in Greensboro?
Drug trafficking in North Carolina carries mandatory minimum prison sentences that judges cannot reduce, even for first-time offenders with no criminal record. If you're facing a trafficking charge in Guilford County, you need an attorney who has handled these cases before, not one learning on your time.
WHY TRAFFICKING IS DIFFERENT
Trafficking Is About Weight — Not Intent to Sell
Many people assume "trafficking" means you were caught selling drugs. That's not how North Carolina law works. Under N.C. Gen. Stat. § 90-95(h), you can be charged with trafficking based solely on the weight of the substance you possessed regardless of whether you intended to sell anything, regardless of whether any sale occurred, and even if the drugs were for your own personal use over a long period of time.
This is sometimes called "trafficking by possession," and it catches people off guard constantly. Someone who buys in bulk to save money, someone holding drugs for a friend, or someone with a substance use disorder who simply has more on hand than they realize, can find themselves facing the same mandatory minimum as someone running a distribution operation. The law does not distinguish.
If you've been charged with trafficking anywhere in Guilford County or the surrounding Triad, call us before you say anything else to law enforcement or prosecutors. The earlier we get involved, the more we can do, especially around challenging the weight itself.
TRAFFICKING THRESHOLDS & MANDATORY MINIMUMS
How Much Triggers a Trafficking Charge in NC?
Each controlled substance has its own weight tiers under N.C.G.S. § 90-95(h). As weight increases, both the felony class and the mandatory minimum prison sentence increase. Below are the most commonly charged substances in Guilford County.
| Weight | Felony Class | Mandatory Minimum |
|---|---|---|
| 28 – 199 grams | Class G | 35 months active |
| 200 – 399 grams | Class F | 70 months active |
| 400+ grams | Class D | 90 months active |
| Weight | Felony Class | Mandatory Minimum |
|---|---|---|
| 4 – 13 grams | Class F | 70 months active |
| 14 – 27 grams | Class E | 90 months active |
| 28+ grams | Class C | 225 months active |
| Weight | Felony Class | Mandatory Minimum |
|---|---|---|
| 28 – 199 grams | Class F | 70 months active |
| 200 – 399 grams | Class E | 90 months active |
| 400+ grams | Class C | 225 months active |
| Weight | Felony Class | Mandatory Minimum |
|---|---|---|
| 10 – 49 lbs | Class H | 25 months active |
| 50 – 1,999 lbs | Class G | 35 months active |
| 2,000 – 9,999 lbs | Class F | 70 months active |
| 10,000+ lbs | Class D | 90 months active |
| Weight / Quantity | Felony Class | Mandatory Minimum |
|---|---|---|
| 100 – 499 tablets (or 28–199g) | Class H | 25 months active |
| 500 – 999 tablets (or 200–399g) | Class G | 35 months active |
| 1,000+ tablets (or 400g+) | Class D | 90 months active |
Important: "Active" means time actually served in prison — not probation, not a suspended sentence. North Carolina judges cannot suspend these sentences except in narrow circumstances, such as substantial assistance to law enforcement under N.C.G.S. § 90-95(h)(5), which carries its own risks and should never be pursued without an attorney's guidance.
WHAT OFTEN COMES WITH A TRAFFICKING CHARGE
Trafficking Cases Rarely Stand Alone
In our experience handling these cases throughout Guilford County, trafficking charges are almost never the only charge on the docket. Prosecutors commonly stack additional charges from the same incident, which compounds the stakes and the complexity of your defense.
- Possession with Intent to Sell or Deliver (PWISD)
- Maintaining a Vehicle or Dwelling for Drug Activity
- Possession of Drug Paraphernalia
- Possession of a Firearm by a Felon (when applicable)
- Other firearm enhancements based on the facts of the case
- Each additional charge creates another opportunity for negotiation.
- Every offense requires the State to prove separate elements.
- Evidence supporting one charge may be vulnerable to suppression or challenge.
- Separate plea structures can sometimes resolve the trafficking allegation more favorably.
- An attorney who understands how these charges interact can use that complexity to your advantage.
HOW WE DEFEND YOU
Defense Strategies in Trafficking Cases
Because trafficking hinges on weight and mandatory minimums, the defense strategy looks different from that in a typical drug case. Here's where we focus.
Challenging the Stop, Search & Seizure
Most trafficking cases begin with a traffic stop, a search of a vehicle, or the execution of a search warrant. If law enforcement lacked reasonable suspicion for the stop, probable cause for the search, or exceeded the scope of a warrant, we file a motion to suppress. If the evidence is suppressed, the trafficking charge collapses.
Constructive Possession in Multi-Person Cases
Trafficking charges from vehicle stops or shared residences often name multiple people. The State must prove each person individually had knowledge of and control over the drugs. If you were present but had no knowledge of what was in the vehicle or residence, this is a serious, often winning, defense.
Negotiating Around Mandatory Minimums
Sometimes the path forward isn't a trial — it's negotiating the trafficking charge down to a lesser offense (such as PWISD or simple possession) that doesn't carry a mandatory minimum. This requires an attorney who has built credibility with Guilford County prosecutors over years of practice.
Disputing the Weight
The line between felony classes — and whether mandatory minimums apply at all — is measured in grams. We scrutinize how the substance was weighed, whether packaging material was improperly included, whether the substance was tested for purity where relevant, and whether the lab's procedures meet the required standards. Shaving even a few grams off the State's number can change everything.
Chain of Custody & Lab Procedure
Trafficking convictions depend heavily on lab analysis. We request and review the full chain of custody, the SBI or private lab's testing protocols, and the analyst's qualifications. Gaps or errors here can be the basis for a motion to suppress or to exclude the lab report at trial.
Knowing When to Take It to Trial
When the State's case has real weaknesses — a bad stop, a weak chain of custody, a constructive possession problem — going to trial can be the right call. Attorney Aberle has tried dozens of jury trials and isn't afraid to take a trafficking case to a jury when the facts support it.
WHY CHOOSE OUR FIRM
Drug Trafficking Defense Is a Core Focus — Not a Side Practice
⚖️
Board Certified in Criminal Law
Brennan Aberle and Julie Connolly are among fewer than 4% of NC attorneys certified as Criminal Law Specialists — a credential that requires rigorous peer review and testing by the NC State Bar.
⚡
Over 100 Bench Trials, Dozens of Jury Trials
When a trafficking case needs to go to trial, you want an attorney who has actually stood in front of a Guilford County jury before — not someone whose entire practice is built around pleading clients out.
🎯
Trafficking Is One of Brennan's Primary Focus Areas
Rather than treating a DWLR charge in isolation, we pull your full record to identify what's actually driving the revocation — and fix that, too.
🏛️
Former Guilford County Public Defender
Brennan began his career as a Guilford County Assistant Public Defender, arguing in the same courtrooms, before the same judges, against the same prosecutors you'll face. That experience shapes every strategy decision.
FREQUENTLY ASKED QUESTIONS
Your Drug Trafficking Questions Answered
Do I have to intend to sell drugs to be charged with trafficking in NC?
No. This is the single most misunderstood part of NC drug law. Under N.C.G.S. § 90-95(h), simply possessing a controlled substance above the statutory weight threshold is enough to charge trafficking — regardless of whether you intended to sell it, regardless of whether you sold any of it, and even if it was entirely for personal use. This is sometimes called "trafficking by possession."
Can a trafficking sentence be reduced or suspended in North Carolina?
Generally, no — that's what makes trafficking different from most NC felonies. The mandatory minimum sentences in N.C.G.S. § 90-95(h) cannot be suspended by a judge. The only statutory exception is "substantial assistance" under § 90-95(h)(5), where a defendant provides assistance to law enforcement in identifying or prosecuting other people involved in drug trafficking. This path carries serious risks and tradeoffs and should only be considered with an attorney's guidance — never on your own.
What's the difference between trafficking and PWISD?
PWISD (Possession with Intent to Sell or Deliver) is based on the State's belief about your intent — inferred from things like packaging, scales, cash, or communications. Trafficking is based purely on weight, regardless of intent. The two can overlap in the same case: you might face both a trafficking charge (because of weight) and a PWISD charge (because of separate evidence of intent) for the same conduct. See our drug charges overview page for more on PWISD specifically.
Can the weight of drugs be challenged in court?
Yes, and this is one of the most important things a defense attorney does in a trafficking case. We examine how the substance was weighed (gross weight vs. pure substance weight, depending on the drug), whether packaging materials were improperly included in the total, the calibration and maintenance records for the scales used, and whether proper lab procedures were followed. In cases where the weight is close to a threshold, even a small successful challenge can drop the charge to a lower class — or eliminate the mandatory minimum entirely.
I was a passenger in a car where drugs were found — can I still be charged with trafficking?
Yes, you can be charged, but that doesn't mean the charge will hold up. The State must prove "constructive possession" — that you knew the drugs were present AND had the power and intent to control them. Being present in a vehicle where drugs are found is not, by itself, enough under North Carolina law. This is one of the most common and most successfully challenged issues in multi-occupant vehicle stops.
How quickly should I contact a lawyer after a trafficking arrest?
Immediately — before any further questioning, before any bond hearing if possible, and certainly before any conversation with prosecutors. Trafficking cases often involve early decisions (about search challenges, about whether to discuss cooperation, about bond arguments) that are very difficult to undo later. Call us as soon as you can.
Facing a Drug Trafficking Charge?
Every Day Without a Lawyer Costs You Options.
Mandatory minimums make early action critical. Call now for a free, confidential consultation.