Drug Crime Defense Team
Our criminal law attorneys have the experience and knowledge necessary to handle whatever criminal case comes their way.
Heroin trafficking is a serious offense that carries with it severe penalties if you convicted. Our attorneys know the ins and outs of federal criminal court and will be able to ensure that you receive the best possible outcome in your particular case.
In this article we will discuss:
- What constitutes heroin trafficking,
- What specific laws apply to heroin trafficking,
- The potential penalties if you are convicted of heroin trafficking, and
- Some possible defenses to allegations of being involved in heroin trafficking.
In the past few years, an epidemic of heroin use has swept the United States. As a result, various government agencies have begun to crack down on the trafficking of the drug. These agencies include, but are not limited to:
- The Drug Enforcement Administration (DEA),
- Federal Bureau of Investigation (FBI),
- Department of Justice (DoJ),
- United States Attorneys (US-AG),
- Homeland Security Investigations (HSI), and
- Local police departments.
If you have been charged with, or are under investigation for, heroin trafficking contact a federal criminal attorney who will be able to advise and guide you through every stage of the criminal process.
What is Heroin Trafficking?
At the most basic level, heroin trafficking is the knowing transportation, importation, or sale of the drug heroin.
Heroin trafficking is illegal under both state and federal laws. The transportation of heroin across state lines or national borders will more than likely be prosecuted under federal law.
Under the DEA’s drug classification, heroin is a schedule I drug.
Schedule I drugs are those that the DEA considers being highly addictive and that have no proven medical use or purpose. Another schedule I drugs include marijuana, peyote, lysergic acid diethylamide (LSD), and the drug known as ecstasy.
Federal Laws That Apply to Heroin Trafficking
21 U.S.C. §841
In the United States, it is illegal to manufacture, distribute, or dispense, or possess with the intent to manufacture, distribute, or dispense a controlled substance.
A controlled substance, under federal law, is considered any drug or other substance included in schedule I, II, III, IV, or V of the DEA’s list of scheduled drugs.
Potential Penalties for A Conviction of Heroin Trafficking
If you are ultimately convicted of trafficking heroin under federal law, the punishment is heft but can vary depending on the quantity of the drug that you had in your possession at the time of your arrest and any prior offenses for drug trafficking you may have been convicted of.
First Offense, 100 – 999 grams mixture
If at the time of your arrest, you had between 100 to 999 grams mixture of heroin in your possession AND this it is your first conviction for trafficking, the punishment will be a minimum of 5 years and a maximum of 40 years in prison.
The prison sentence range increased if there was a death or serious bodily injury in connection with the trafficking. If death or serious bodily injury occurs, you can face between 20 years minimum and life maximum in prison.
In addition, for your first offense, you may be fined up to $2 million if you are an individual and up to $5 million the defendant is not an individual
Second Offense, 100 – 999 grams mixture
If at the time of your arrest, you had between 100 to 999 grams mixture of heroin in your possession AND this it is your second conviction for trafficking, you will face between 10 years minimum and a maximum of life in prison.
The prison sentence range increased if there was a death or serious bodily injury in connection with the trafficking. If death or serious bodily injury occurs, a life sentence in prison is the minimum amount of time.
In addition, for your second offense, you may be fined up to $4 million if you are an individual and up to $10 million the defendant is not an individual
First Offense, 1 kilogram or more
If at the time of your arrest, you had 1 kilogram or more mixture of heroin in your possession AND this it is your first conviction for trafficking, you will face between 10 years minimum and a maximum of life in prison.
The prison sentence range increased if there was a death or serious bodily injury in connection with the trafficking. If death or serious bodily injury occurs, the minimum becomes a 20-year prison sentence with the maximum possible penalty being life in prison.
In addition, for your second offense, you may be fined up to $4 million if you are an individual and up to $10 million the defendant is not an individual
Second Offense, 1 kilogram or more
If at the time of your arrest, you had 1 kilogram or more mixture of heroin in your possession AND this it is your second conviction for trafficking, you will face between 20 years minimum and a maximum of life in prison.
The prison sentence range increased if there was a death or serious bodily injury in connection with the trafficking. If death or serious bodily injury occurs, the minimum becomes a potential penalty is a life sentence.
In addition, for your second offense, you may be fined up to $8 million if you are an individual and up to $20 million the defendant is not an individual.
Two or More Prior Offense
If you have been convicted of drug trafficking twice in the past, there is a mandatory sentence of life in prison.
Possible Defenses to Allegations of Heroin Trafficking
While is never a one size fits all defense to every allegation of heroin trafficking there are some defense strategies that are employed more than others.
Below are a few of the primary defenses that may be used to defend against allegations of heroin trafficking.
A knowledgeable and experienced federal criminal attorney will better be able to craft an individualized defense for your case when they all of the specific facts on hand.
If you have been accused of, or are being an investigation for, heroin trafficking contact an attorney as soon as possible.
Lack of Knowledge
For the prosecution to secure a guilty plea for heroin trafficking, they must prove that the defendant had knowledge that they were in possession of heroin.
A defense attorney may assert their client did not, in fact, have knowledge that they were in possession of an illegal substance and therefore cannot be found guilty.
Illegal Search
For anything to be admitted into evidence at trial, it must at the very least have been obtained legally.
In order for any law enforcement agent or agency to conduct a search of a suspect’s person or private areas, they must one of the below criteria.
- Have a Valid Search Warrant
In order to obtain a valid search warrant, the law enforcement agency must present to a judge or magistrate that they have probable cause to believe a crime is ongoing or that evidence of the crime is located somewhere.
The search warrant will also be limited in its scope as the areas that the law enforcement agency may search. It is imperative that if you are presented with a search warrant, you contact an attorney as soon as possible.
In this situation, an attorney will be able to ensure that the law enforcement agency is not overstepping their boundaries and violating your rights during the execution of a search warrant.
2. The belief that a Crime is Being Committed or That Their Life is in Danger
A law enforcement agent may stop and search any person on the street so long as they reasonably believe that a crime is being committed or that their life is in danger. This is sometimes referred to as a “stop-and-frisk.”
If you have been stopped and frisked, and as a result, some criminal element is found on your person, contact an attorney – or have someone contact an attorney on your behalf.
Stop, and Frisks have been controversial since they became policy for some law enforcement agencies. Due to the fact that they result in a he-said-she-said type situation, any good defense attorney will pose that the search was illegal as a defense.
3. In Plain Sight
A law enforcement officer may also seize evidence that is in plain sight.
This means that if drugs are in the backseat of a car during a traffic stop, an officer will be able to seize them. That officer may not search anywhere for the drugs though, they must literally be in plain sight.
4. Search Incident to Arrest
After you have been arrested, a law enforcement agent may search you for any weapons or other instruments that could be used to harm them or yourself.
Heroin Trafficking Cases in the News
Columbia Man Sentenced for Heroin Trafficking, Illegal Firearm
In October 2018, Horashio Antoine Pritchett was sentenced to 6 years and 3 months in federal prison for possession of heroin with intent to distribute and being a felon in possession of a firearm.
As a result of the execution of a search warrant, the Columbia, Missouri police department found 9 grams of heroin, along with some other drugs, in the home of Pritchett.
The search also revealed digital scales and baggies that were believed to be used in order to package a distribute illegal substances.
In addition, Pritchett was found to be in the possession of a firearm.
Heroin Trafficker Sentenced to Federal Prison
In September 2018, Michael Miller was sentenced to 48 months in federal prison on drug trafficking charges.
Miller was receiving heroin through his accomplice, Olga Lidia Sandoval. Olga was being shipped heroin by her brother from Guatemala by way of Mexico. Olga would then supply Miller with the drugs.
Miller pled guilty to his role in the trafficking scheme and as a result, the prosecution and defense recommended a sentence lower than the statutory minimum, which was accepted by the judge.
Olga pled guilty to her role in the heroin trafficking scheme and received 84 months (about 7 years) in prison as a result.
Call a Federal Criminal Attorney You Can Trust
Our attorneys are experienced and respected federal litigators with knowledge and experience in all federal judicial and investigatory practices and procedures.
Our attorneys have defended public companies and private individuals and will strive to protect you, your family, and your rights from charges and accusations of heroin trafficking.
If you, or a family member, are charged with or are under federal investigation for, heroin trafficking contact an attorney you can trust as soon as possible.
