There are many differences between defending a Federal Drug Trafficking crime, as opposed to a New York State Drug crime.
The most important being that the federal law makes no distinction between the crimes of sale or possession. Any defendant charged as part of a federal drug trafficking conspiracy falls under the same section of the law, regardless of their particular role in the offense.
The most common sections charged under federal law are:
- 21 USC 846 (Conspiracy to manufacture, distribute or possess with intent to distribute controlled substances), and
- 21 USC 841 (the actual manufacture, distribution or possession with intent to distribute controlled substances).
If you are charged under either of these two sections of the law, the statutory sentences can be very severe, depending upon the amount (weight) of the drugs involved.
Pursuant to 21 USC 841(b)(1)(A) and 960(b)(1), a statutory range of TEN YEARS TO LIFE, mandatory, applies to offenses involving at least: 1 Kilogram of Heroin, 5 Kilograms of Cocaine Powder, 280 grams of Cocaine base, or 1,000 Kilograms of Marijuana.
It is important to remember that the defendant doesn’t actually have to have been handling or selling that large an amount of narcotics. As long as he or she is charged as part of a conspiracy with individuals who were trafficking in these amounts, it is enough to charge everyone in the conspiracy with the same total amount of narcotics. As the old saying goes, “in for a penny, in for a pound.”
In the case of this type of narcotics crime, that “penny” could cost you a minimum of 10 years incarceration.
If you or a loved one are ever charged with such a crime, it is vital that you seek immediate help from an attorney who is versed in defending Federal drug crimes. Choosing the wrong attorney could literally cost you years of your life.
Call The Law Office of Naiburg Obedin and Weissman at (631) 979-7777 for a free consultation regarding providing you a defense for any federal or state drug trafficking crime.