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Repercussions of Drug Trafficking in CA
The destructive potential of narcotics and other illegal substances places drug trafficking crimes at the very top of the seriousness list, both on the state and federal levels. Penalties for these offenses reflect the grave nature of the crimes, often resulting in lengthy prison sentences and exorbitant fines.
To make matters worse, the defense against these charges is extremely complex, especially if federal laws are involved. These cases often necessitate the inclusion of an experienced San Diego drug crime lawyer, since effective defense can only be achieved with the in-depth knowledge of the subject matter and inner workings of the justice system.
What amount of drugs is considered trafficking in California?
According to the California Health and Safety Code (HSC), the exact threshold for what amount constitutes trafficking varies based on the type of the drug. Specifically, in which controlled substance schedule the drug falls into, as defined by the Controlled Substances Act (CSA).
For some substances, such as Flunitrazepam and LSD mixture for instance, transporting as little as 1 gram can lead to several million dollars fines and a prison sentence of up to life – and that’s for the first-time offenders.
Individuals with 2 or more prior convictions, those whose actions caused severe injury or death to occur, or who involved minors in their drug trafficking efforts in any way, can expect even more severe repercussions.
What is the penalty for drug trafficking in California?
California HSC §11352 and §11379 define sentences for trafficking narcotics and trafficking dangerous drugs (which are not narcotics), respectively. First-time offenders can expect penalties of 3, 6, or 9 years in jail and a fine of up to $20,000. However, aggravating factors will also be taken into consideration, including the likes of:
- Transportation of high amounts of drugs (based on their respective schedules);
- Selling drugs to a minor or involving minors in trafficking operations;
- Trafficking near drug rehabilitation facilities;
- Supplying certain individuals with drugs, such as pregnant women, people with mental health disorders, recovering addicts, felons, and similar.
The presence of the aforementioned aggravating factors can lead to further sentence enhancement of up to 3 – 5 years in county jail and/or additional fines of up to $20,000.
What is the minimum sentence for drug trafficking in the US?
Federal laws are much harsher than their state counterparts when it comes to drug trafficking. They also carry far more severe penalties, with severity being determined by:
- Whether it is the person’s first offense or if they’re a repeating offender;
- The quantity of trafficked drugs and their placement on the Federal Drug Classification Schedule;
- Whether or not the use of said drugs caused death or serious injury to occur;
- Whether the person acted alone or as a part of a group (i.e. criminal organization).
Based on these factors, federal trafficking penalties for drugs across all schedules (excluding Marijuana) are as follows:
- For first-time offenders: from 5 to 40 years in prison;
- Death or serious injury occurred: Minimum of 20 years to up to life in prison;
- Solo effort: fine of up to $5 million;
- Group/organized effort: fine of up to $25 million.
- For second-time offenders: Minimum of 10 to up to life in prison;
- Death or serious injury occurred: life imprisonment;
- Solo effort: fine of up to $8 million;
- Group/organized effort: fine of up to $50 million.
Do note that further sentence enhancements may also apply, based on the drug placement in the Schedule. For instance, sentences for cocaine or cocaine base (crack) trafficking, which are Schedule II substances, can be lower than those for heroin or LSD, which are Schedule I.
Where can I find a knowledgeable San Diego drug crime lawyer near me?
Facing drug trafficking charges in California may feel like being cornered with no way out, but that is simply not true. You have rights and, more importantly, you have options – and we are here to help you realize them to the fullest.
Monder Criminal Lawyer Group comprises some of San Diego’s finest attorneys, specializing in various facets of state and federal criminal law. Count on us for mindful guidance and tailored defense strategies to help you achieve the best possible outcome for your case.
Contact us today, schedule an appointment at our offices near Spreckels Theatre, and let us work together to ensure your rights are upheld!
