Aggravated drug trafficking is one of the most severe drug offenses in Oklahoma, carrying significant legal consequences. In fact, in this kind of crime it’s not uncommon for involvement of the Feds who bring the case instead of or in addition to the State. For anyone facing such charges or those interested in understanding this aspect of criminal law, it is crucial to grasp the specifics of the crime, the associated penalties, and potential defenses.
Aggravated Drug Trafficking Defined
Aggravated drug trafficking in Oklahoma is defined under the state’s Uniform Controlled Dangerous Substances Act. This crime involves the possession or distribution of controlled substances in quantities that exceed specific thresholds. The thresholds vary depending on the type of drug. For instance:
- Marijuana: 25 pounds or more
- Cocaine: 28 grams or more
- Heroin: 10 grams or more
- Methamphetamine: 20 grams or more
- Ecstasy (MDMA): 30 tablets or 10 grams or more
These quantities indicate an intent to distribute on a large scale, which the law deems more severe than simple possession or smaller-scale distribution.
Range of Punishment
The penalties for aggravated drug trafficking in Oklahoma are particularly harsh. Here is a breakdown of potential consequences:
- Prison Time: A conviction for aggravated drug trafficking carries a mandatory minimum sentence. The minimum varies depending on the drug but typically starts at 15 years and can extend to life imprisonment.
- Fines: Financial penalties can be substantial, often reaching up to $500,000.
- Asset Forfeiture: Law enforcement may seize assets believed to be connected to the drug trafficking activities, including money, vehicles, and real estate.
- Parole and Probation: Those convicted may face strict parole or probation conditions upon release, including regular drug testing and reporting to a probation officer.
Potential Defenses To The Crime
Tee first thing to consider about drug trafficking crimes and most other crimes is that the District Attorneys Office in Wagoner County tends to over charge criminal cases. This isn’t uncommon at all given the more crimes the court throws at you, the more inclined to rollover many people might be. Check out the following requirements the prosecutors must prove before they can get a felony conviction against you:
- Lack of Knowledge: The defendant may argue they were unaware of the presence of the drugs or that they did not know the drugs exceeded the threshold for aggravated trafficking.
- Unlawful Search and Seizure: Many times this is the first thing good defense attorneys will attack. If law enforcement conducted an illegal search or seizure without proper warrants or probable cause, the evidence obtained might be inadmissible in court. The right to be free from an unlawful search and seizure is a guarantee under the 4th amendment.
- Entrapment: This defense claims that the defendant was induced by law enforcement to commit a crime they would not commit otherwise. This is the defense used by the owner of the DeLorean car manufacture back in the 1980s. He successfully argued the Federal Government was the wrongdoer. The defense is that but for the government inspiring him to act the crime would never have occurred.
- Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that the defendant possessed the drugs with the intent to traffic in the drugs. Challenging the evidence’s sufficiency can be a key defense strategy. This is a defense you might see when the government over charges the crime. Or maybe when the government adds aggravating circumstances that incorrectly enhance the crime.
- Mistaken Identity: In some cases, someone might wrongfully identify the defendant as the perpetrator. Presenting alibis and questioning eyewitness testimonies can help establish this defense.
Check Out Our Wagoner Attorneys Blog For More Criminal Defense Articles:
Wagoner County Drug Tracking Attorney
Aggravated drug trafficking is a serious charge in Oklahoma. The penalties are severe and can actually land someone in prison for extended periods of time. As mentioned above its the kind of crime that also gets the full attention of federal agencies including the DEA. However, understanding the nature of the crime, the potential consequences, and viable defenses can provide a foundation for mounting a robust defense. If you or someone you know is facing such charges contact our Wagoner County criminal defense lawyers.
Call Kania Law Office – Wagoner at 918-283-7394. Or you can follow this link to ask a Free online legal question.
