Drug trafficking is one of the most severe drug charges someone can face in Oklahoma. Not only can this warrant intense penalties, but it can also disrupt your life. Unfortunately, many are unfamiliar with how much of a controlled substance you need to possess to face a charge and the consequences of these offenses. The following blog explores what you must know about this offense and how an Oklahoma City drug trafficking lawyer can help if facing charges.
What Constitutes Drug Trafficking?
Generally, anyone who knowingly manufactures, moves, or possesses controlled substances with intent to sell and distribute them can face trafficking charges. However, the amount of a drug in the possession of the alleged criminal is what can determine a trafficking charge over possession.
Possession of the following weight can warrant a trafficking charge in Oklahoma:
- Cocaine – Twenty-eight grams
- Fentanyl – One gram
- Heroin – Ten grams
- Marijuana – Twenty-five pounds
- MDMA – Thirty tablets or ten grams
- Methamphetamines – Twenty Grams
- PCP – Twenty grams
It’s important to note that possessing significantly more than the minimum for a trafficking charge may warrant an aggravated trafficking charge. Additionally, you can be charged with trafficking prescription medications like morphine or oxycodone.
What Consequences Can I Face If Charged?
The consequences for drug trafficking in Oklahoma can be intense, and the penalties will vary based on the drug you are found with and the weight of the substance. As such, trafficking is always charged as a felony. This makes it one of the most serious non-violent crimes you can commit in Oklahoma.
However, it’s important to note that a first-time violation warrants a maximum sentence of twenty years in prison. If you are caught for a second time, you will face a mandatory minimum of four years behind bars. It’s also important to note you can face a life sentence and up to $500,000 in fines if charged with trafficking.
Are There Any Possible Defenses?
Though it may not seem possible, there are defenses your attorney can craft based on the unique circumstances of your case. For example, they may demonstrate that your rights were violated, making it an unlawful search or seizure. As such, the evidence the police collected may be deemed inadmissible.
However, they may also be able to prove that there is not enough evidence to prove you were the owner of the drugs. To face trafficking charges, it must be clearly shown the drugs are yours. Simply being around them, does not warrant a charge.
It’s imperative to contact an attorney as soon as arrested. Unfortunately, waiting too long to seek legal representation or trying to navigate the process on your own is far from your best interest. When you are facing a felony, let the Jones Firm, PLLC, help. Our dedicated criminal defense team is ready to assist you during these times. Contact us today to learn how we can help you.