For those who are or have a loved one convicted of Drug Trafficking, it is important to understand the seriousness of this crime. Both state and federal laws have severe penalties. One could be looking at years even decades of prison as well as massive monetary fines. To better understand the penalties of a drug trafficking conviction Kajioka & Associates Attorneys At Law will define drug trafficking and what penalties often follow.
Legal Definition OF Drug Trafficking
Drug trafficking encompasses many different actions that are noted under federal law. The following actions will result in a drug trafficking conviction under federal law and state law.
• Knowingly Manufacturing Illegal Narcotics
• Knowingly Dispensing (to distributors) Illegal Narcotics
• Knowingly Distributing Illegal Narcotics
• Knowingly Possessing Illegal Narcotics with the Intent to; Manufacture, Distribute, and or Dispense
Drug Possession VS Trafficking
Drug trafficking can broadly cover any drug crime written in law. Simply found guilty of making, selling and transporting illegal narcotics you may be found guilty of a drug trafficking crime. Drug trafficking also encompasses counterfeit of legal or illegal substances. One drug crime that is not encompassed by drug trafficking is known as “simple possession.” Simple possession is when a person possesses illegal narcotics with the intent of using this drug for personal use. Typically, the amount found on a person helps to determine if it is a drug trafficking or simple possession crime.
What Amount of Drugs is Considered Trafficking?
Being convicted of Drug Trafficking is a criminal offense, there must be compelling evidences as well as reasonable doubt that a person has intent to engage in drug trafficking. If substantial evidence is not found the person should not be convicted of drug trafficking. In the State of Nevada most drug crimes fall under simple possession. However, what determining drug trafficking and simple possession in Nevada is the amount found on a person. As an example if a person is found with 4 grams of heroin even for personal use will be charged with drug trafficking. If a suspect is found with less than 4 gram is will be a simple possession charge.
Drug Trafficking Consequences
The penalties for drug trafficking vary in the State of Nevada. Again it is often determined on the amount of illegal narcotics found.
• 4 grams of illegal narcotics often result in a category B felony, with a one to six prison sentence, and or a fines up to $50,000.
• 14 to 28 grams of illegal narcotics often result in a category B felony, with two to fifteen years prison sentence and or a fine up to $100,000.
• 28 grams or more of illegal narcotics often result in a category A felony, with twenty five years or life prison sentence, and or a fine up to $500,000.
• 28 grams but less then 200 grams often result in a category C felony, with one to five years in prison, and or a fine up to $50,000.
• 200 grams and under 400 grams may result in a category B felony, with two to ten years in prison, and or with a fine of $100,000.
• 400 grams or more (with a conviction for trafficking schedule 2) may result in a category A felony, with 15 years to life in prison, and or a fine up to $250.000.
Criminal Defense, Personal Injury, Business Attorneys & More in Greater Las Vegas, Nevada
It is important to have a good defense when facing drug trafficking charges as conviction can result in a long prison sentence and massive fines. For those who need a dedicated criminal defense attorney contact Kajioka & Associates Attorneys At Law today.