Drug Trafficking

Oakland Drug Trafficking Lawyer

Fighting State and Federal Controlled Substances Charges

Drug trafficking is a serious offense that can be charged as a state or federal crime. Regardless of the jurisdiction it falls under, the conviction penalties are steep and often involve incarceration and/or fines. In some situations where drug trafficking is a federal matter, upon a conviction a judge must impose mandatory terms of imprisonment. If you've been charged with drug trafficking, your freedom, future, and reputation are at stake. To effectively fight your charge and seek to obtain a favorable outcome and increase your chances of minimizing or avoiding harsh conviction penalties, you must retain a seasoned lawyer who fully understands drug laws and how the court system works.

At Demetrius Costy Law, we have over 20 years of legal experience and are intimately familiar with the criminal justice process. When you choose us, our Oakland drug trafficking attorney can skillfully guide you through your case, explaining the charges you're facing and your legal options. We know how aggressively the government pursues drug crime matters, which is why we thoroughly prepare for every case we handle and do what it takes to work toward an optimal result. You can be confident that your case will be in capable hands and that you will have a lawyer on your side zealously advocating for you.

Schedule a free consultation by calling us at (510) 254-3945 or contacting us online.

State Laws Concerning Drug Trafficking

Generally, drug trafficking involves cultivating, manufacturing, selling, or delivering controlled substances – typically in large quantities. California does not have a specific law prohibiting such conduct.

However, several statutes in the Health and Safety Code individually address such acts. A few of these include:

  • California Health and Safety Code § 11352: The law makes it unlawful for a person to illegally transport, import into the state, sell, furnish, administer, or give away drugs. The offense is punishable by up to 5 years in prison. But if the conduct crossed county lines, the maximum term of imprisonment increases to 9 years.
  • California Health and Safety Code § 11351: The statute prohibits people from possessing controlled substances with the intent to sell them. A conviction may result in a prison term of up to 4 years.
  • California Health and Safety Code § 11379.6(a): The law provides that any person who manufactures a controlled substance (or substances) may be imprisoned for up to 7 years and fined up to $50,000.

Federal Drug Trafficking Law

Under 18 U.S.C. § 841, any person who knowingly or intentionally manufactures, distributes, dispenses a controlled substance may be charged with a federal crime. It's also unlawful for people to possess drugs to engage in any prohibited conduct.

Federal drug trafficking offenses may be charged as misdemeanors or felonies. The level depends on the type of drug involved. The conviction penalties for a crime that falls under federal jurisdiction are often steeper than those imposed by state law.

Below are a few examples of conviction penalties for federal drug trafficking:

  • 1 kilogram or more of a mixture containing heroin:
    • Between 10 years and life in prison
    • Up to $10,000,000 in fines
  • 100 grams or more of a mixture containing heroin:
    • Between 5 and 40 years in prison
    • Up to $5,000,000 in fines
  • Schedule I or II controlled substance:
    • Up to 20 years in prison
    • Up to $1,000,000 in fines
  • Less than 50 kilograms of marijuana:
    • Up to 5 years in prison
    • Up to $1,000,000 in fines
  • Schedule III controlled substance:
    • Up to 10 years in prison
    • Up to $500,000 in fines
  • Schedule IV drug:
    • Up to 5 years in prison
    • Up to $250,000 in fines
  • Schedule V drug:
    • Up to 1 year of incarceration
    • Up to $100,000 in fines

Fight Your Charge with the Help of Demetrius Costy Law

Whether you've been accused of a state or federal drug trafficking offense, our lawyer in Oakland is prepare to build an innovative defense for your case. We will attend to every detail to identify weaknesses in proof and persuasively tell your side of the story.

Get started on your defense by calling (510) 254-3945 or contacting us online. We offer a free initial consultation and are available 24/7 to assist you.

"I was born to be a criminal defense attorney." - Demetrius Costy