Federal Drug Charges in Tulsa, Oklahoma
Federal law classifies all dangerous controlled substances (drugs) according to their risk into five different categories or schedules. Schedules I and II carry the most risk for addiction. When looking at federal drug charges, it is not only important to know what type of offense is involved, but also what type of drug and the amount of the drug involved. Drug crimes are governed by the Comprehensive Drug Abuse Prevention and Control Act of 1970 (the Controlled Substances Act).
Types of Drug Offenses
Under federal law, it is illegal for a person to knowingly or intentionally manufacture, distribute, or possess an illegal drug. Also, it is illegal to create, distribute, dispense, or possess a counterfeit substance. 21 US Code § 841
The term “counterfeit substance” means a controlled substance which looks like one manufactured under law, but is a counterfeit made without authorization. 21 US Code § 802
A federal indictment in Tulsa for federal drug crimes can be brought for crimes such as:
- possession without a valid prescription,
- manufacture of an illegal controlled substance, or
- trafficking — which is the distribution of a controlled substance.
Mandatory Minimum Sentences are Harsh
One of the biggest areas of federal law subject to minimum sentencing is drug crimes. Minimum sentences for drugs depend on such circumstances as the crime committed, the amount of the drug involved, whether serious injury of death occurred as a result, and whether this is a first or subsequent conviction. Sentences are severe. Minimum sentences range from five years to life in prison, depending on the circumstances. 21 US Code § 844
A first conviction for simple possession is punishable up to a year in prison and a fine of at least $1,000.
A conviction for simple possession with one prior conviction is anywhere from 15 days to 2 years behind bars and a fine of at least $2,500.
If you have two or more prior convictions, you could face anywhere from 90 days to 3 years in prison and a fine of at least $5,000.
There is another provision for those caught for the first time carrying just enough of an illegal drug for their own use. In that case, you will be subject to a civil penalty up to $10,000, but no prison time. However, this is not applicable if you have been convicted of any prior federal or state drug crime. 21 US Code § 844a
Penalties for Drug Trafficking
Punishments for trafficking are more severe. Manufacturing (which includes growing), distributing, or possessing a Schedule I substance with the intent to distribute is a serious offense. If the amount of a Schedule I drug such as heroin is 100 grams or more, an offender will be sentenced to at least five years in prison. If the amount is a kilo or more, the offender could be subject to 10 years to life in prison.
Sentences are longer for repeat offenders and when serious injury or death results. If a kilo or more is involved, a repeat offender will be sentenced from 20 years to life in prison. On the other hand, if the amount is 100 grams or more, a repeat offender will be sentenced from 10 years to life in prison. If serious injury or death is involved, an offender will be sentenced to life.
Finally, among other charges that a federal prosecutor might bring against an offender, drug conspiracy charges can cover a lot of ground from manufacturing to possession with intent to distribute. A conspiracy involving drugs is defined as an agreement between two or more people to commit a crime involving drugs in violation of federal drug laws.
To be actionable, there must be an agreement to violate a federal drug law between two or more people. Also, each person must know of the agreement and join in. Sentences are harsh and tied to the type and amount of the drug involved.
The Crime Must Be Done Knowingly or Intentionally
Intent is an element of most drug crimes, meaning the offender must know what they are doing. The offender does not need to know that the drug is listed on the schedules. It is enough for the offender to know that they are in possession of the drug or is manufacturing or distributing the drug. An offender does not need to know how much of the drug is in their possession in order for the specifics of quantity under the law to apply.
There are defenses available to you in a federal drug crimes case. You should hire an experienced Tulsa criminal attorney as soon as possible to understand what defenses may be applicable to your situation. Some of the most common defenses include an unlawful search and seizure in violation of the Fourth Amendment, the drugs were planted, they were not the offender’s drugs, and problems with lab testing.
Free Consultation: Tulsa Federal Criminal Lawyers
Get the help you need. It’s time to retain a Tulsa criminal defense lawyer who is knowledgeable regarding federal law and procedure and who will look out for your legal interests. Contact a Tulsa criminal attorney at Tulsa Criminal Defense Law Firm today for a free, confidential consultation.
A Tulsa defense attorney can advise you on how the process works and offer answers to your specific questions. To begin your free consultation, call 918-256-3400 now.