When you have been charged with a drug crime, the consequences can be severe. Contact our firm today to schedule a consultation with an attorney who will guide you through this complex area of law and respond aggressively to secure a timely, cost-effective conclusion to your legal problem.
Learn More About Drug Charge Defense
The criminal defense attorneys at Bachner & Associates, P.C. have extensive experience handling drug charge cases for clients throughout the New York City metropolitan area. If you are facing charges of drug possession, manufacturing, distribution or any other drug-related charge, it is important to build an intelligent, proactive criminal defense.
Below, we have provided some general information about drug crimes defense that we hope you will find helpful. To discuss your case with a knowledgeable defense attorney, please contact us online or by telephone at 877-388-6461.
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The defense lawyers at Bachner & Associates, P.C. have handled numerous drug charge cases for clients throughout the New York City metropolitan area. As former prosecutors, we know how the opposition builds cases against our clients. This perspective allows us to anticipate and counter those tactics while building compelling cases for people like you.
Have you been arrested for a drug crime? The penalties you face are severe, but with experienced legal counsel, you may achieve a successful result. Contact Bachner & Associates, P.C. today online or by telephone at 877-388-6461 to discuss your case with an experienced defense lawyer.
Federal Drug Crimes
The Comprehensive Drug Abuse Prevention and Control Act of 1970, also known as the Controlled Substances Act, classifies narcotics, marijuana and other drugs into five categories, or Schedules. Besides establishing requirements relating to manufacture and distribution of drugs, the law also defines penalties for violations of the Act. Depending on the nature and quantity of the substance involved, as well as the presence of sentence-enhancing factors, the criminal penalties can be severe. If you are facing federal drug charges, consult with an experienced and knowledgeable criminal defense attorney from Bachner & Associates, P.C. in New York, New York for advice on the law, your rights and how to proceed.
Offenses at the Federal Level
Federal drug offenses differ from those at the state level, even though the conduct in question might be the same. In defining crimes, Congress' authority comes from its Constitutionally-granted powers over the areas of commerce, taxation and the postal service.
Some of the drug crimes under the Controlled Substances Act include:
- Drug trafficking: manufacturing, distributing or possessing with the intent to distribute illicit drugs
- Manufacturing: operating places for the purposes of manufacturing, distributing, or using illicit drugs, or endangering human life while so doing
- Continuing criminal enterprise crimes: trafficking in illicit drugs by a person in concert with 5 or more other persons
- Conspiracy: involves attempts and the promoting and facilitating of manufacture, distribution, or importation of illicit drugs
- Protected location offenses: distributing illicit drugs to persons under age 21, within a school or playground zone, and employing persons under age 18 in drug operations
- Simple possession: possessing controlled substances without a valid prescription from a licensed medical practitioner. Unlike trafficking, simple possession does not involve intent to distribute the drugs.
Other drug offenses under the Act include investing illicit drug profits in businesses affecting interstate commerce and unauthorized importation of controlled substances. The Drug Enforcement Administration (DEA) enforces the federal controlled substances laws and regulations.
In addition, drug crimes at the federal level may include violations of tax law, such as tax evasion and the Racketeer Influenced and Corrupt Organizations Act (RICO).
Sentencing under Federal Law
Federal drug laws specify minimum and maximum terms of imprisonment, based on the type and quantity of drug involved. Likewise, under the Federal Sentencing Guidelines, these factors are taken into account, along with:
- Whether the offense involved injury to another person
- Whether a weapon was possessed or used
- The defendant's criminal history
While judges have discretion to depart from guidelines, they must still stay within the mandatory minimum and maximum terms specified by statute. Where the offense occurs in a school or other protected zone, penalties may be enhanced.
Contact an Experienced Attorney
Drug crimes can be charged and prosecuted under federal law, state law or both. Because federal drug crimes can carry significantly harsher penalties, it is important to contact an attorney experienced with both federal and state criminal drug law. If you are facing either federal or state drug charges, a knowledgeable criminal defense attorney, like those at Bachner & Associates, P.C. in New York, New York can explain the intricacies of both systems and vigorously represent your interests.
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