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Are you facing criminal charges for aggravated trafficking in drugs? Thoroughly understanding your charges is the first step in defending them.
The term "aggravated" in criminal charges usually points to a more serious offense that has been compounded by certain factors. You might be facing serious penalties, and your future hinges on having a dedicated criminal defense attorney on your side.
Learn what aggravated trafficking in drugs means and how to defend against this charge.
What Are Simple Drug Trafficking Charges?
In California, drug trafficking is defined under HSC § 11352 as the sale, importation, or transport of controlled substances. You might face trafficking charges whether you were preparing the substance to be sold or the one actually selling it.
The severity of your charges often depends on the schedule of the drug you were accused of selling or transporting. Schedule I or II drugs come with stricter penalties than III, IV, or V.
Some drug trafficking charges are considered "aggravated." This means they are worse than simple charges due to certain factors.
What Escalates a Drug Trafficking Charge to "Aggravated?"
So, what does aggravated trafficking in drugs mean? An aggravated trafficking charge usually involves Schedule I or II drugs, not III, IV, or V. A simple trafficking charge involving these drugs can be escalated to "aggravated" by factors such as:
- Proximity to schools: The charges can be elevated if you were near a school when the alleged exchange happened
- Prior convictions: If you have previously been convicted of a drug-related crime or a different felony, your trafficking charges might be escalated.
- Involvement of minors: If you were selling or distributing drugs to minors, this might escalate your charges to "aggravated."
- Involvement of firearms: If you were carrying a firearm or pulled one out on the arresting officer, these are grounds to escalate your charges.
As you can see, the "aggravated" drug trafficking definition is not always cut and dry. Law enforcement might choose to escalate your charges at their discretion.
Potential Penalties for Aggravated Trafficking in Drugs
If you are facing serious drug trafficking charges, you should understand the potential consequences. Aggravated charges lead to enhanced drug trafficking penalties.
This type of charge often includes mandatory minimum prison sentences. The judge may require you to serve a significant portion of your sentence before you would be eligible for parole.
You may also face up to $500,000 in fines and asset seizure. An experienced criminal defense attorney can help you defend your controlled substance distribution offense and seek to minimize your sentence.
How To Defend Aggravated Trafficking Charges
Defending against charges for trafficking with aggravating factors is often a two-fold process. You might assert that you did not violate felony drug trafficking laws, or you might defend the "aggravated" status of your charges.
Possible defenses against drug trafficking charges in general include:
- Challenging the admissibility of evidence
- Asserting that you did not know the substances were on your person
- Stating that law enforcement entrapped you
Aggravating factors are often factual, making them more challenging to counter. But perhaps you did not know the person you were interacting with was a minor, or were not actually within legal proximity of a school when the transaction occurred.
Let Our Attorneys Represent You
At The Law Office of Elliott Kanter, we have extensive experience representing clients charged with all types of trafficking charges, including those with aggravating factors. We will explain what aggravated trafficking in drugs means and what penalties you might face. Then, we can help you craft a compelling defense and guide you through the legal process.
Call us today at 619-231-1883 or fill out our contact form for a consultation.
