Defending Your Rights Against Federal Narcotic Charges

Last updated on October 4, 2024

Facing a federal narcotics charge is something that must be taken seriously. Sapone & Petrillo, LLP, has represented clients throughout New York who are dealing with these cases. The consequences could be severe. This includes jail time and big fines. Having a lawyer who will fight for you every step of the way is crucial. Your future depends on it. Our firm understands the weight drug offenses carry and will do everything we can to help.

Criminal Defense For International And Domestic Drug Charges

We work with clients dealing with both international and domestic charges. Our team has defended those dealing with possession with intent to distribute, as well as distribution across the United States. This is a big claim due to the nature of the crime. Other cases include people who are charged with offenses that didn’t occur on land. Common examples include a boat or vessel in the high seas. After the United States intercepts it, it is automatically assumed that the United States will handle it.

Conspiracy Charges For Federal Drug Crimes

We also defend charges of conspiracy crimes. Perhaps you are being accused of being a co-conspirator with someone who is in a different country. International crimes work differently than those that are committed on our own soil. From drug trafficking to manufacturing, we have faced the most complicated cases. Simply put, it is illegal to import, manufacture and distribute narcotics. If you are suspected or being accused of these crimes, it is imperative that you speak with a skilled lawyer as soon as possible. Strict federal sentencing guidelines apply in federal criminal cases and convictions for federal crimes can include mandatory minimum prison time. We can examine your case and provide you with an honest assessment of the charges against you.

Seeking Experienced Guidance Is Crucial

Drug charges can have a major impact on all areas of your life. From your job to your family life and your reputation, we know what is on the line. Our team fights for those who need it most. Make sure you have someone you can trust in your corner throughout this process. We will do whatever we can to reach the best possible solution.

Frequently Asked Questions On Federal Drug Charges

Facing federal drug charges in New York can be a life-changing event. Federal narcotics laws are strict, with severe penalties for those convicted. This FAQ section addresses some of the most pressing concerns surrounding federal drug charges.

What are the penalties for federal drug crimes?

These offenses can come with hefty penalties and are more severe than state-level charges.

For example:

Possession with intent to distribute large quantities of drugs, such as heroin, cocaine or methamphetamine, could result in mandatory minimum sentences. First-time offenders could face five to 40 years in prison with fines up to $1 million. If a death or serious injury results from the crime, sentences could increase to life imprisonment.
Repeat offenders or individuals involved in organized drug trafficking or conspiracies face even harsher penalties. A second or third conviction can lead to a life sentence without the possibility of parole. Further, federal law requires convicted parties to serve at least 85% of their sentence, reducing the chances of early release.

The penalties depend on several factors, including the type and quantity of the drug, whether the crime involved trafficking, distribution or possession, and the presence of aggravating factors like involving minors or operating near schools.

What do drug schedules mean?

Drug schedules are classifications created by the federal government under the Controlled Substances Act (CSA). They rank drugs based on their potential for abuse, medical use and safety.

Schedule I: Drugs with no accepted medical use and a high potential for abuse. Examples include heroin, LSD and ecstasy. These carry the harshest penalties.
Schedule II: Drugs with a high potential for abuse but with some accepted medical use. It includes cocaine, methamphetamine and drugs like oxycodone and fentanyl.
Schedule III: Drugs with a moderate to low potential for abuse. Examples include anabolic steroids and certain barbiturates.
Schedule IV: Drugs with a low potential for abuse and accepted for medical use, such as Xanax and Valium.
Schedule V: These drugs have the lowest potential for abuse and include medications like cough syrups with small amounts of codeine.

The schedule classification determines the charges you face and the penalties. For instance, Schedule I, II and III drugs result in more severe charges than Schedule IV or V substances.

What are some common federal drug charges?

Federal drug laws cover different offenses, many of which can lead to lengthy prison terms and heavy fines. Below is a list of frequent federal drug charges:

Drug possession: This is having illegal drugs for personal use. While usually charged at the state level, certain possession cases, especially involving large amounts, can lead to federal charges.
Drug trafficking: Involves the manufacturing, distribution or sale of controlled substances. These charges are among the most severe, often involving mandatory minimum sentences.
Drug importation and exportation: Illegally transporting drugs across U.S. borders can lead to significant federal charges.
Drug manufacturing: Producing or cultivating illegal substances, such as operating a meth lab or growing marijuana illegally, can lead to serious charges.
Conspiracy to commit a drug crime: Even if you did not commit the crime, being part of a conspiracy to traffic or manufacture drugs can lead to the same penalties as if you committed the act.
Possession with intent to distribute: If you possess a certain amount of drugs, federal law assumes you intend to distribute or sell them. For example, having over 100 grams of heroin, more than 500 grams of cocaine, over 50 kgs of marijuana or more than 50 grams of meth.

Each of these charges can result in prison time, high fines and a permanent criminal record. Given the high-stakes involved, it is crucial to have a strong defense strategy to help mitigate these risks and protect your rights.

What is the impact of a previous drug crime conviction?

Having a previous drug crime conviction can severely affect your current case, especially in federal court. Federal laws impose much harsher penalties on repeat offenders. For example, if you are convicted of a second federal drug trafficking offense, you could face double the prison time you would have for a first offense.

For some charges, a previous conviction can lead to a mandatory life sentence without the possibility of parole. This is seen more in large-scale trafficking of Schedule I or II drugs, where the law aims to prevent repeated criminal activity.

Beyond sentencing, a prior drug conviction can impact your life in several other ways. It can affect your ability to secure employment, obtain housing or qualify for federal student aid. Additionally, the stigma of a drug conviction can last long after you have served your time, making it difficult to reintegrate into society.

Federal prosecutors will often bring up prior convictions during sentencing to argue for harsher penalties. Moreover, a history of drug offenses can result in increased scrutiny and more aggressive prosecution. It is, therefore, wise to work with an experienced criminal defense lawyer to help minimize the impact of a previous drug crime conviction on your current case.

Schedule A Consultation Today

If you are facing federal drug accusations or criminal charges, don’t wait. Schedule an appointment to speak with one of our experienced criminal defense attorneys today. You can schedule your appointment by calling 212-349-9000 or sending a request through our online form.