Fentanyl is a synthetic opioid that is more potent than many other drugs. As such, it is considered a Class A drug, and unfortunately, deaths caused by this substance are on the rise. This is because one gram of this drug can equate to seven thousand doses. Due to the deadly nature of this drug, the penalties for trafficking fentanyl can be severe. It’s important to understand that in Oklahoma, having as little as one gram of Fentanyl in your possession can constitute a drug trafficking offense due to the highly dangerous nature of this substance. If you are facing these charges, it’s essential to have an Oklahoma City drug trafficking lawyer to represent you.
What Constitutes Drug Trafficking in Oklahoma?
One misconception about drug trafficking is that it’s a uniform number for all drugs. For example, many believe that as long as you have twenty grams of drugs, you’ll face trafficking charges. This is not the case, as it depends on the substance in your possession and how much of it you have. For example, you’ll need to be found with twenty-five pounds of marijuana or twenty-eight grams of cocaine before you are charged with trafficking.
In Oklahoma, the law states that having as little as one gram of Fentanyl means you’ll face trafficking charges due to the deadly nature of the drug. In Oklahoma City and the surrounding jurisdictions, even small quantities of fentanyl routinely trigger trafficking charges, making local enforcement harsher compared to other substances.
Generally, if you possess an amount equal to or above the minimum amounts for drugs, in combination with the additional factors, you can face serious trafficking charges
Key Factors That Lead to Trafficking Charges
- Possession of fentanyl equal to or greater than one gram
- Evidence of intent to distribute, even if no sale occurs
- Activities including:
- Distributing or attempting to distribute
- Manufacturing or preparation of controlled substances
- Transporting drugs
- Solicitation of a minor to assist in distributing or manufacturing illicit substances
What Must Prosecutors Prove to Secure a Conviction in Oklahoma?
If you have been charged with fentanyl possession or trafficking in Oklahoma City, the prosecution must prove certain legal elements beyond a reasonable doubt. It’s critical to understand, however, that due to the serious and dangerous nature of these charges, local prosecutors in and around Oklahoma County aggressively prosecute these cases. As such, understanding the elements they must prove is critical, as failure to prove even one element beyond a reasonable doubt can result in reduced or dismissed charges.
Elements of Fentanyl Trafficking Charges
- You knowingly or intentionally possessed fentanyl
- The amount in your possession met or exceeded the legal trafficking threshold (one gram)
- You had the intent to distribute the drug, OR
- You were involved in the:
- Manufacturing
- Transportation
- Solicitation of others to distribute
What Are the Penalties for Trafficking Fentanyl?
As of right now, charges for trafficking fentanyl are the same as those for trafficking any other drug. In Oklahoma, a first-time offense warrants a minimum sentence of one year but up to twenty years in prison, while a second offense can lead to a minimum of four years to a life sentence. A third charge will warrant a minimum of twenty years or, again, a life sentence. This does not include the exuberant fines that are associated with these charges.
Similarly, Oklahoma retains the right to seize any funds or property purchased with drug money. This includes homes, cars, and other assets, which can severely impact the innocent family members who may depend on these assets.
Those facing these charges may be eligible for parole once they have served the minimum amount of time in prison for these offenses. First-time offenders must serve at least 50% of their sentence before they are eligible for parole.
Penalties for Fentanyl Trafficking in Oklahoma
- First offense:
- Up to 20 years in prison
- No mandatory minimum sentence, but considerable prison time is common
- Second offense:
- Minimum of 4 years to life in prison
- Third offense:
- Minimum 20 years of life sentence
- Additional consequences
- Tens of thousands of dollars in fines and fees
- Permanent legal record
- Loss of certain rights as a convicted felon
Asset Forfeiture Risks
- Law enforcement can seize:
- Real estate purchased with alleged drug proceeds
- Cash and other liquid assets linked to the offense
- Vehicles allegedly used for the transportation of fentanyl
- Asset seizure may occur before a conviction in some cases
- Family members may suffer consequences if shared assets are taken
Contact an Oklahoma City Drug Trafficking Defense Attorney
When arrested on suspicion of trafficking fentanyl in Oklahoma County or the surrounding areas, you must contact an experienced attorney as soon as possible. Though it may seem like there’s no possible defense, a criminal lawyer with the Jones Firm, PLLC, will examine all aspects of your case to help fight for the best possible outcome for your circumstances. Contact The Jones Firm, PLLC today to learn more about how we can help you when you’re in legal trouble.
