Federal drug trafficking charges generally come with much harsher penalties than state charges, though defendants might face federal and state cases following arrests in Pennsylvania. In addition to explaining the potential penalties of a federal conviction, our attorneys can identify the appropriate defense against the charges you face.

On the first offense for some Schedule II drugs, the minimum federal prison sentence is five years, but the maximum sentence is 40. Federally, marijuana is still a Schedule I drug, so penalties associated with this substance are still relatively harsh when defendants are convicted of federal charges. While challenging searches and admissible evidence might help your case, so might offering evidence that you were acting under duress or were unaware of the fact you were being used to move drugs across state lines. In some instances, negotiating plea deals can reduce or eliminate the risk of jail time, but we can prevent you from taking any that fail to benefit you.

For a confidential and free case review from the Liberty Law Team, call our drug crime defense lawyers at (215) 826-3314.

Federal Drug Trafficking Penalties in Pennsylvania

Drug trafficking is the production, sale, transportation, or distribution of illegal substances. Federal charges may be brought against individuals or criminal organizations that move drugs across state lines, if the activity occurs across several states, or if massive amounts of controlled substances are being manufactured. Keep in mind that you might also face charges from the state for drug offenses, which would be separate from your federal case and might yield additional prison time if convicted.

Penalties for Schedule I and II Drugs

Penalties for drug trafficking depend on the type of substance being trafficked and its quantity. For example, the first conviction for trafficking between more than 500 grams but less than five kilograms of cocaine, which is a Schedule II drug, would result in a mandatory minimum prison sentence of five years but no more than 40, according to 21 U.S.C. § 841(b)(1)(B). If the offense involves death or serious injury, the penalty increases to a minimum sentence of 20 years but no more than life. Furthermore, even upon the first federal drug trafficking conviction, an individual defendant may be fined up to $5 million, while an organization may be fined up to $25 million.

The first offense for trafficking 400 grams or more mixture of fentanyl, five kilograms of cocaine, or 50 grams or more of pure methamphetamine across state lines gets a minimum of 10 years in prison and no less than 20 years upon the second conviction.

Trafficking 1,000 kilograms or more of marijuana mixture or 1,000 or more plants also comes with a minimum sentence of 10 years on the first offense and 20 years on the second.

Penalties for Schedule III, IV, and V Drugs

For trafficking any amount of Schedule III drugs across state lines or being involved in an organization that does so, the maximum prison sentence is 10 years, and there is no minimum. If death or serious injury is involved, convicted defendants may be sentenced to federal prison for no more than 15 years. Upon the second conviction, defendants may face up to 20 years imprisonment.

Trafficking one gram or more of flunitrazepam, whose trade name is Rohypnol, or any other Schedule IV drug of any amount comes with a maximum prison sentence of five years upon the first conviction and a maximum sentence of 10 years upon the second. Finally, for trafficking Schedule V drugs of any amount, the initial penalty may be no more than one year in prison, with a second offense carrying a potential four-year sentence.

Fines are typically associated with all federal drug trafficking convictions, even for lesser drug schedules, and defendants may have to pay hundreds of thousands, and sometimes millions, of dollars upon conviction.

Defending and Addressing Federal Drug Trafficking Charges in Pennsylvania

Federal drug trafficking charges are among the most serious defendants might face in Pennsylvania. When defending these charges, our attorneys will carefully review the circumstances of any searches performed on your person, car, or property to confirm their legality. Proving a lack of intent or that you were under duress can help you avoid serious jail time, as can negotiating plea agreements in certain situations.

Challenging the Search

Depending on how the evidence against you was gathered, our attorneys may be able to get it thrown out of your case. Officers who search cars without having reasonable suspicion to believe they contain illicit substances do so illegally. Performing an illegal search on your property without a warrant could also be a violation of your rights against unlawful search or seizure, making any evidence resulting from the illegal search inadmissible, even in a federal drug trafficking case.

Proving Lack of Intent

A criminal drug trafficking organization or someone involved in one using another person to carry drugs across state lines without their knowledge is not uncommon. This defense is generally most successful upon the first arrest for trafficking smaller amounts of illegal drugs.

Arguing Duress

Drug trafficking organizations force individuals to engage in trafficking under duress routinely. Those arrested after being forced to commit a crime after being threatened by the use of force may be able to avoid criminal convictions for federal drug trafficking charges when our drug crime defense lawyers offer evidence confirming they feared for their lives or the lives of their loved ones, such as corroborating witness statements.

Negotiating Plea Agreements

Defendants with information about drug trafficking organizations and charged because they are complicit might be able to negotiate plea agreements with federal prosecutors with the help of our defense attorneys. We can ensure any plea agreements made are in your best interest.

Call Our Pennsylvania Lawyers About Your Drug Trafficking Case

For a free case assessment from the Liberty Law Team, call our Philadelphia criminal defense lawyers today at (215) 826-3314.