Federal Drug Penalties
As previously mentioned, drug charges may be filed at the state or federal level, depending on a number of factors. The penalties for state and federal prosecutions, however, are very different. If you are charged with a federal drug offense, it is important to know the following:
Federal sentencing guidelines outline forty-three (43) base offense levels for drug charges. The higher the level of offense, the harsher the potential sentence can be. Also, the base offense level under the federal guidelines varies and will hinge directly on the type of drug and the quantity of drugs seized.
For example, crack is a form of cocaine. The two drugs are listed on the same schedule of controlled substances. However, the quantity of crack needed to impose certain sentences is much less than the quantity of powdered cocaine. Thus, crack-cocaine, as it is commonly referred to, is considered to be a more serious drug than plain powder cocaine. A person convicted of delivering 5 grams of crack-cocaine will face a potential federal sentence of five to forty years. If that same person had been found with powder cocaine, he/she would have had to possess and be convicted of delivering 500 grams of powdered cocaine in order to face the same five to forty year sentence.
The federal sentencing guidelines allow for a maximum of one year in prison for a first-time offender, a maximum of two years in prison for a second-time offender, and a maximum of three years in prison for a third-time offender (or higher). However, as used in our example above, there is an exception for crack cocaine. The sentence for possession of more than five grams of crack cocaine is increased to a minimum of five years in prison, even for those considered to be first-time offenders. It is important for a person accused of a federal drug crime offense to be represented by a lawyer who has experience and knowledge in the federal arena as well as with drug crimes in general. At WILL & WILL, LLP, our drug crimes defense attorneys can guide you through the process.
If you have been charged with a federal drug offense, contact the federal drug crimes defense firm WILL & WILL, LLP for a free consultation and explanation of how we can help you.
