Due to the intense nature of fentanyl and the overdoses sweeping the nation, prosecutors are hammering down on these charges to set examples. However, everyone is innocent until proven guilty. As such, when you’re facing fentanyl trafficking charges, understanding the potential defenses an Oklahoma City drug trafficking lawyer can utilize to help you fight the charges against you is critical. The following blog explores what you should know about these charges. Keep reading to learn more.
What Are the Elements of a Drug Trafficking Offense?
When charged with drug trafficking, understanding the elements that must be proven by the prosecution to convict you is critical. Generally, it must be proven beyond a reasonable doubt that the alleged trafficker knowingly or intentionally possessed more than one gram of fentanyl with the intent to distribute it to another person. If these can be proven, you can be convicted of fentanyl trafficking.
In addition, if you distribute or manufacture this drug, transport it, or solicit a minor to do so, you can also face trafficking charges.
It is essential to understand that the charges for drug trafficking depend on their weight. As mentioned, one gram of fentanyl can result in trafficking charges, as there are essentially seven thousand doses due to its intense nature.
What Are the Penalties for Fentanyl Trafficking?
Fentanyl carries the same trafficking charges as other charges in Oklahoma. As such, a first-time offense warrants a maximum of twenty years in prison, and though there is no mandatory minimum, you’ll likely face at least four years. However, if charged for a second time, you can face a minimum of four years but up to life in prison.
If you made money from trafficking, the state has the right to seize any property you’ve purchased with the funds you gained. This can significantly impact your family members, as your home and vehicles may be taken.
Are There Any Potential Defenses?
It’s important to understand that if you are facing trafficking charges, you should not try to fight these on your own. Unfortunately, doing so can harm your case, as you may say something accidentally incriminating.
Generally, one option for a defense is that you had no intent to distribute the fentanyl. It’s important to understand that if this element of the charges cannot be proven, a conviction may not be possible.
Additionally, you may be able to prove that the evidence collected against you was obtained illegally. If the police violate your Fourth Amendment rights against an unreasonable search and seizure, your attorney may be able to have the evidence deemed inadmissible.
When facing fentanyl trafficking charges, it’s imperative to understand that you must connect with an experienced attorney as soon as possible. At the Jones Firm, PLLC, our team understands how devastating these charges can be, which is why we will explore all possible avenues. Contact us today to learn how we can assist you through these matters.
