Can I Face Federal Drug Charges for Drug Offenses?
South Carolina Code imposes harsh penalties for drug offenders, including imprisonment and fines. The penalties become more severe for elevated charges such as possession with intent to distribute (PWID), manufacturing a controlled substance, and drug trafficking. After your time behind bars is served, you may find it difficult to get a job, renew professional licensure, or rent an apartment.
Depending on the circumstances, you may face federal drug charges. This often entails interstate trafficking, drug quantity, if federal property is involved, or if the drug charges are connected with other crimes. If you or a loved one is currently facing federal drug charges, do not hesitate to contact our Greenville drug crime attorneys today.
When Does a Drug Offense Trigger Federal Charges?
Interstate Distribution or Trafficking
Drug activity that crosses state lines can lead to federal charges. This can apply to distribution or trafficking charges. The difference between the two charges lies in the threshold being transported, with trafficking charges involving larger quantities.
Larger Drug Quantities or Specific Drugs
Larger quantities of illicit substances will trigger federal charges. This criterion depends on the type of substance. These thresholds are determined by the United States Sentencing Commission (USSC) based on a Drug Quantity Table. Basically, a higher quantity of a substance suggests a large-scale operation. Nonetheless, certain substances, such as methamphetamine and fentanyl, are charged federally, even with smaller amounts involved.
According to 21 U.S.C. §841, 50 grams or more of methamphetamine triggers federal mandatory minimums. However, it takes larger amounts of marijuana and cocaine for federal agencies to become interested in prosecuting your case.
If Federal Property is Involved
Federal jurisdiction will automatically apply to manufacturing offenses committed in a national park, on a military base, or in a federal building. The specific property will dictate which federal agency investigates. Even so, the Drug Enforcement Administration (DEA) remains the lead agency on investigating most federal drug offenses.
How is Sentencing Determined for Federal Drug Crimes?
Penalties for federal drug charges are governed by the federal sentencing guidelines, based on the following criteria:
- Offense seriousness: There are 43 levels of offense seriousness. The more serious the crime, the higher the offense level.
- Base level offense: Each specific offense is assigned a base offense level. For example, 80 grams of cocaine is a base-level 14 offense, while 1.2 to 4 kilograms of fentanyl is a base-level 32 offense.
- Specific offense characteristics: Specific offense characteristics can increase or decrease the base level offense.
- Adjustments: Adjustment factors may apply to any offense. Mitigating factors will decrease the offense level. These may include if you were a minimal participant, if you took responsibility (show remorse), or if you were coerced to commit the crime. Alternatively, aggravating factors will increase the offense level. Examples include obstructing justice, if the victim was physically or mentally disabled, or if you abused a position of trust.
- Criminal history: You will be assigned one of six criminal history categories, with Category I including first-time offenders and Category VI being reserved for those with a serious criminal record.
Severity of Federal Trafficking Charges
As previously mentioned, federal trafficking charges are punished the most severely, with the severity of punishment depending on the drug classification. For example, trafficking more than 500 grams of cocaine (a Schedule II substance) is punishable by five to 40 years in prison. But if anyone suffered serious bodily injury or death, you may be sentenced anywhere from 20 years in prison to life. Fines may be up to $5 million for individuals and $25 million for organizations. However, any amount of trafficking a Schedule V substance comes with no longer than one year in prison and a $100,000 fine for a first offense.
Defending Federal Drug Charges
Federal drug charges demand the need for a defense lawyer with federal court experience. At Ryan Beasley Law, our Greenville drug defense lawyers know federal court procedures and the federal rules of evidence. If possible, you should hire a federal drug lawyer before your scheduled indictment. This will allow us to stop the government in its tracks, showing them why they should not bring charges. If the grand jury returns a “no bill,” then the government has not established probable cause, and the charges against you will be dropped or dismissed.
Reach Out to Our Greenville Drug Crime Attorneys
Federal drug charges can be terrifying. While you may feel sheer panic, the best way to get ahead of federal charges is to speak with counsel as soon as you find out you are under investigation. This will give our legal team the time to evaluate your case and determine the best approach. To learn your legal options, contact our team online or by calling (864) 756-4204 to schedule a consultation.