Penalties & Sentencing for Drug Trafficking in Oklahoma | Cannon Law, PLLC (2022)

Penalties & Sentencing for Drug Trafficking in Oklahoma | Cannon Law, PLLC (1)

Illegal drug crimes are some of the most seriously punished crimes in the United States, and amongst them, drug trafficking has particularly harsh penalties. Drug trafficking is a federal offense and can lead to a hefty prison sentence. Therefore, you should do everything possible to protect your freedom.

Representation from an experienced criminal defense attorney will give you the best chance of obtaining a favorable result in your drug trafficking case. We are prepared to become fierce advocates for your freedom. The sooner you contact us, the quicker we can start putting together your best possible defense. Contact Cannon & Associates now for a free consultation at 405-591-3935.

What is a Controlled Dangerous Substance?

In Oklahoma City, OK, a controlled dangerous substance is a substance whose possession and use are regulated by the government under the Controlled Substances Act.

In the United States, drugs are categorized into five schedules based on their potential for harm and potential medical use. Drugs such as heroin are schedule I drugs and are considered to have a high potential for abuse and no accepted medical use. On the other hand, schedule V drugs such as cough medicines containing small amounts of codeine have a low potential for abuse and accepted medical use.

If you were found to be trafficking schedule I or II drugs, then you could be facing charges for aggravated trafficking, which comes with more severe penalties.

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Schedule I

Schedule I substances are those considered to be the most dangerous, with the highest potential for abuse and addiction. They usually have no accepted medical use, although recently marijuana has become legal in Oklahoma for medical use. If you are facing criminal charges in relation to schedule I drugs, then this could constitute aggravated trafficking. Schedule I drugs include:

  • Marijuana.
  • Methamphetamine (meth).
  • Heroin.
  • Crack cocaine.
  • Lysergic Acid Diethylamide (LSD).

Schedule II

Schedule II substances are considered less harmful and addictive than schedule I drugs and can be oftused for medical purposes such as pain relief. These drugs can still have very harmful effects on the user if abused and drug crimes involving substances in this schedule will still incur severe penalties. Schedule II drugs include:

  • Oxycodon
  • Adderal
  • Fentanyl
  • Methamphetamine

Schedule III

Schedule III substances are still harmful if abused but are less addictive than substances in schedules I and II. They are often used within medicine in the United States and include drugs such as:

  • Ritalin.
  • Codeine.
  • Steroids.
  • Ketamine.

Schedule IV

Schedule IV substances are commonplace in medicine and you will probably know them under their brand name. These prescription drugs shouldn’t be harmful if taken under the recommended guidelines, however, they still have the potential for abuse. Substances in schedule IV include:

  • Ambien.
  • Soma.
  • Xanax.
  • Valium.

Schedule V

Finally, schedule V substances are considered the least harmful and addictive, although they still have the potential for trafficking charges. They include:

  • Lomita.
  • Parepectolin.
  • Cough medicine.
  • Lyrica.

What is Drug Trafficking in Oklahoma City, OK?

Drug trafficking is a criminal act that involves unlawfully selling, manufacturing, importing, or transporting controlled dangerous substances. This includes prescription drugs. Drug trafficking or drug distribution is different from possession, as it involves knowingly selling, importing, or transporting drugs, or intending to do so.

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Even if you were not found with illegal drugs, you can still be convicted of drug trafficking if you were found with drug-related materials such as baggies, scales, or even a large amount of cash. Therefore, if are facing potential charges, it is essential to speak with an experienced criminal defense lawyer.

Is Drug Trafficking aFederal Crime?

Drug trafficking can fall under state and federal law. If you are found to be trafficking illegal drugs across state lines, then it becomes a federal offense.

Drug trafficking does not have to be a big operation, under federal law drug trafficking is defined as: (21 U.S.C. § 841), “knowingly or intentionally– (1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance.”

The law also continues to state that someone dealing with counterfeit substances can also face drug-related charges. Furthermore, you can face charges for simply having a certain amount of a controlled substance, even if you didn’t sell or transport it. This crime is known as possession with the intent to distribute.

Criminal Penalties for Drug Trafficking Cases

Penalties for trafficking in illegal drugs or aggravated trafficking will depend on many factors such as whether you are facing state or federal charges, the schedule of drugs you are accused of trafficking, whether it is your first offense, and other circumstances surrounding the crime. For example, if you were found to be trafficking marijuana across state lines and had 100 kilograms or more, then the minimum sentence is 10 years, and a maximum of life in prison. With such harsh sentences, it is essential you have the best criminal defense representation who can develop strong legal defense strategies.

Furthermore, if convicted, you will not be eligible for a suspended sentence, which means prison time is mandatory. In addition to serious prison time and hefty fines, you could also face forfeiture of all assets related to the drug trafficking operation, including properties, bank accounts, and vehicles. If you are facing a felony offense you could also face possible immigration consequences including deportation after your prison sentence.

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What an Oklahoma City Criminal Defense Lawyer Can Do For You

If you are facing drug trafficking charges in Oklahoma City, then you should speak to an experienced criminal defense lawyer as soon as possible. You could be facing a lengthy prison sentence, ruined reputation, costly fines, and seized assets.

Drug trafficking cases take time to establish and prosecutors will want to have a strong case against you before they take you to court, which can take months. This can create opportunities for a criminal defense attorney to help your case. For example, if any mistakes are made that violate your rights, such as if any evidence was obtained illegally, then your attorney can file a motion to suppress the evidence.

Criminal defense lawyers in drug trafficking cases are invaluable. At Cannon & Associates, your drug trafficking defense attorney will be your fiercest advocate and legal resource. They will put together an aggressive defense strategy and look for any opportunity to help your case. If your case goes to court, they will be ready to fight for your freedom.

Defense Against Federal Drug Trafficking Charges

In order to be convicted of drug charges, it must be provenbeyond a reasonable doubtthat you committed the crime. Having representation from an experienced criminal defense attorney will work to ensure that this standard is upheld, and will create doubt wherever possible.

Some possible defense strategies against a drug trafficking charge include:

  • You didn’t have knowledge of the drugs.
  • Police violated your rights when obtaining evidence.
  • You were the victim of entrapment.
  • You had no intention of selling or distributing the drugs.
  • You believed the substance was legal.
  • You were never in possession of the drugs.
  • The arresting officer did not have probable cause for your arrest.
  • There is not enough evidence to prove beyond a reasonable doubt that you are guilty of trafficking in illegal drugs.

If the prosecution has strong evidence against you, then your attorney may also be able to work out a plea bargain to secure you a lighter sentence. However, it is important to weigh up your options with an experienced drug trafficking defense attorney who has your best interest at heart.

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Hiring the Right Oklahoma City Drug Trafficking Lawyer to Represent Your Case

If you are facing drug trafficking charges in Oklahoma, OK, then you need a law firm that has extensive experience in both state and federal courts. At Cannon & Associates, our team can guide you through the entire process. Following a free consultation, we will assign the best lawyer for your individual case, and they will work tirelessly to protect your freedom.

The attorney-client relationship is of the utmost importance to us, and you can speak with us freely, without the fear of repercussions. Speaking with your legal team open and honestly, gives them the best chance at developing an effective defense. Having a skilled attorney by your side could mean the difference between being charged with drug trafficking, or walking free. We have represented numerous clients in Oklahoma City facing drug trafficking charges and will be prepared to fight your case in state or federal court. We will explore all of your options and come up with the best possible defense.

FAQ

How can a drug trafficking charge be dismissed?

Your best chance of having a drug trafficking charge dismissed is to hire an experienced criminal defense attorney who will consider the individual details of your case to develop an aggressive defense in federal court. Remember, the prosecution has to prove your guilt beyond a reasonable doubt, any question of your innocence could result in the dismissal of your case.

What volume of drugs is considered trafficking in Oklahoma City?

The amount of drugs considered trafficking depends on the drug in question. Furthermore, a mixture of a substance containing an illicit drug can also be used as evidence of drug trafficking. When you contact Cannon & Associates for a free consultation, they will be able to advise you about the details of your case.

How many years can you get for drug trafficking in Oklahoma?

Sentencing for drug crimes in Oklahoma, OX, depends on many factors. In the worst-case scenario, you could be facing life in prison. However, your attorney will work tirelessly to secure a favorable outcome in your case.

What is trafficking in illegal drugs?

Drug trafficking can include the trade, manufacture, cultivation, distribution, and sale of substancesthat are subject to drug prohibition laws.

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Contact Our Criminal Defense Attorneys Today

If you are facing drug charges in Oklahoma City, OK, then today for a free consultation. We can offer immediate legal advice if you have just been arrested. You should speak to legal representation before you speak to the police so so give us a call, no matter what situation you find yourself in.

We are committed to doing everything possible to protect your freedom and future. The sooner you call us, the sooner we can start building your defense. Call us now at 405-591-3935.

FAQs

What is the sentence for drug trafficking in Oklahoma? ›

Drug Trafficking Penalties in Oklahoma

In other words, drug trafficking carries a mandatory minimum of 4 to 10 years in prison with a possible life sentence. It is also punishable by a fine of up to $500,000.

What is the statute of limitations on drug trafficking in Oklahoma? ›

Whether the drug charge is a misdemeanor possession or felony possession, the state has three years to press charges. However, this three year statute of limitations period is not effective when the person is not a resident of Oklahoma or is outside the state of Oklahoma.

Is trafficking a felony in Oklahoma? ›

Successful Defense Representation in Drug Trafficking Cases

Many are simply unfortunate and unsuspecting travelers passing through Oklahoma. However, being caught with a specified quantity of drugs in Oklahoma can lead to felony charges and the possibility of life in prison.

Can drug trafficking be reduced? ›

Although it is a very serious offense, there are a number of ways to avoid drug trafficking charges. If you cannot prove that the charges were either a mistake or a result of police corruption, you may be able to get your charges dismissed simply by cooperating with the prosecution and reaching a deal.

What's the difference between drug dealing and drug trafficking? ›

Drug dealing is a colloquial term that generally refers to smaller-scale drug distribution charges, while drug trafficking tends to involve larger-scale drug distribution crimes.

How long do you have to wait to get a felony expunged in Oklahoma? ›

Effective November 1, 2018, a person may apply to the court for expungement of a single nonviolent felony conviction 5 years after completion of sentence, if the person has not been convicted of any other felony, or a separate misdemeanor in the past seven (7) years, and if no felony or misdemeanor charges are pending.

How long does the DA have to file charges in Oklahoma? ›

How long does the District Attorney have to file felony charges? After you've been arrested for domestic abuse, the District Attorney has 60 days to file felony charges against you.

How long is the statute of limitations in Oklahoma? ›

The statutes of limitations differ by type of civil claim or criminal charge, while murder and other serious charges typically have no statute of limitations in Oklahoma or other states. Oklahoma's civil statute of limitations range from two to five years for most causes of action, and one year for defamation claims.

What does trafficking in illegal drugs mean? ›

Drug trafficking is selling, transporting, or importing illegal drugs. Another name for this crime is drug distribution. Drug trafficking is: A federal crime (the laws are decided by Congress and apply to the entire nation) A felony crime (involves very serious penalties or prison time)

How do you fight drug trafficking? ›

A modernized anti-drug policy therefore needs to focus on ending corruption through a broad strategy that includes strengthening government institutions, the promotion of human rights, the reduction of impunity, the reduction of income inequality, and the strengthening of education systems.

What are the benefits of drug trafficking? ›

The illicit drug trade also provides employment for laboratory operators, wholesale distributors, money launderers, retail distributors and runners. Such employment opportunities can be important in economic terms for countries in which there is illicit crop cultivation as well as high levels of unemployment.

What are the common examples of drug trafficking? ›

Examples of drugs that can be trafficked are usually drugs that take the form of illicit, schedule drugs, like cocaine, heroin, and methamphetamines. Drug trafficking also consists of prescription drugs that individuals can abuse, such as Xanax, Adderall, oxycodone, and Vicodin.

Is drug distribution the same as trafficking? ›

Distribution is a charge that is determined by the movement of drugs. Trafficking is a charge that is determined by the weight of drugs. The controlled substances do not have to be going anywhere.

What is the difference between trafficking and smuggling? ›

In order to see the difference between both the concepts, one has to understand that human smuggling is the smuggling of human with their consent by involved organisations, from one place to another illegally for financial benefits of themselves for example illegal border crossing whereas in human trafficking, person ...

What crimes Cannot be expunged in Oklahoma? ›

You cannot expunge any records if you have current charges pending, misdemeanor or felony! You can expunge your criminal record if: The crime and your situation qualify for Section 18. You completed probation or had a delayed sentence that is eligible for expungement.

Can my wife own a gun if I'm a felon in Oklahoma? ›

No one who was convicted of a felony, or otherwise precluded from owning a firearm, to begin with, can carry a weapon openly. After November 1, 2019, when Oklahoma's gun control laws are relaxed somewhat, residents will be able to carry weapons openly without such a permit.

Does Oklahoma have a 3 strike law? ›

Oklahoma is known as one of the harshest states when it comes to criminal offenses, and the Three Strikes Law is a prime example of that. The Three Strikes Law states that anyone who has been convicted of three criminal charges, with one being a violent felony, will be sentenced to life in prison.

How long can a felony charge be pending? ›

A felony charge can be pending for as long as the statute of limitations runs on the case. For example, if the felony has a statute of limitation of 5 years, that is the length of the pending charges. The minimum statute of limitations for felonies is three years.

How long can you be held in jail before seeing a judge in Oklahoma? ›

The individual, who is now an incarcerated Defendant, must appear before a judge with proper jurisdiction within a reasonable time. This initial appearance usually occurs within 24-48 hours, unless the arrest happens over the weekend.

Can you go to jail at a preliminary hearing? ›

It is very unlikely that you would go to jail at the preliminary hearing. The court's job is not to find the defendant guilty or not guilty. Instead, the judge's role is to determine whether there is enough evidence for the charges to proceed to the Court of Common Pleas for trial.

How many times can a Judgement be renewed in Oklahoma? ›

Oklahoma Judgments Can Be Renewed Indefinitely

In Oklahoma, a judgment is good for five years. This means that the statute of limitations will expire within this time. Despite this, a judgment can be renewed indefinitely in Oklahoma by taking appropriate action at least every five years.

What is the statute of limitations for a felony in Oklahoma? ›

In Oklahoma, the general statute of limitations misdemeanors and felonies is three years.

Can you go to jail for debt in Oklahoma? ›

You cannot go to jail for not paying a consumer debt, even if a judgment is entered. Your house, social security, and most pensions cannot be foreclosed upon or garnished to pay consumer debts.

What is the mandatory minimum sentence for drugs in the US? ›

Mandatory Minimums for Drug Crimes
SubstanceMinimumMaximum
Simple possession of a controlled substance with 1 prior conviction15 days2 years
Simple possession of a controlled substance with 2 or more priors90 days3 years
Drug kingpin20 yearslife
repeat offender30 yearslife
26 more rows
Jan 11, 2018

Which major crime has been linked to drug trafficking? ›

Crime groups involved in drug trafficking are typically involved in a range of criminal activity, so action against drug trafficking can simultaneously impact: Money laundering and illicit finance. Illegal firearms. Organised immigration crime.

Where is drug trafficking most common? ›

According to the International Crisis Group, the most violent regions in Central America, particularly along the Guatemala–Honduras border, are highly correlated with an abundance of drug trafficking activity.

What does trafficking in illegal drugs mean? ›

Drug trafficking is selling, transporting, or importing illegal drugs. Another name for this crime is drug distribution. Drug trafficking is: A federal crime (the laws are decided by Congress and apply to the entire nation) A felony crime (involves very serious penalties or prison time)

Is possession of a controlled substance a felony in Oklahoma? ›

Now that the new laws have been implemented, simple possession of marijuana and any other controlled dangerous substance is always a misdemeanor offense. Second and subsequent cases of simple possession of ANY controlled dangerous substance are no longer enhanced to felony charges.

Is possession with intent to distribute a felony in Oklahoma? ›

Possession with Intent to Distribute

Possession of a controlled substance with intent to distribute it is a felony. Upon conviction, a person is subject to a mandatory minimum of two years in prison, with the possibility of life in prison—even for a first offense.

What is drug trafficking? ›

Drug trafficking is a criminal offence involving the sale, manufacture, possession for the purpose of sale or offering for sale a significant quantity of drugs or drugs of dependence.

What is the difference between drug abuse and drug trafficking? ›

Drug abuse: Referring to the illegal use of drugs even if the user in question is not addicted to drugs, but also considering the legal use of some drugs that can be harmful or even fatal (such as alcohol consumed by an adult pregnant woman). Drug trafficking: The illegal sale of or dealing in controlled substances.

How do investigators determine the element of drug trafficking? ›

In order to prove the elements of a drug trafficking offense, the police are required to prove the following elements beyond reasonable doubt that: The individual intentionally trafficked, attempted to traffic a substance, or carried on a business of trafficking drugs.

Does Oklahoma have the 3 strike law? ›

Oklahoma is known as one of the harshest states when it comes to criminal offenses, and the Three Strikes Law is a prime example of that. The Three Strikes Law states that anyone who has been convicted of three criminal charges, with one being a violent felony, will be sentenced to life in prison.

How long do you have to wait to get a felony expunged in Oklahoma? ›

Effective November 1, 2018, a person may apply to the court for expungement of a single nonviolent felony conviction 5 years after completion of sentence, if the person has not been convicted of any other felony, or a separate misdemeanor in the past seven (7) years, and if no felony or misdemeanor charges are pending.

Is Gabapentin a controlled substance in Oklahoma? ›

Gabapentin is not a Controlled Substance.

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