Skilled Birmingham Drug Trafficking Defense Attorney Taking a Practical and Effective Approach to Defending Against Drug Trafficking Crimes
Drug trafficking, involving substances such as cannabis, cocaine, illegal drugs, amphetamine, methamphetamine, and synthetic controlled substances, is a severe crime in Alabama. This crime is a step beyond the standard drug possession. It carries significant penalties, including lengthy prison sentences and steep fines. At The Stoves Law Firm, P.C., we understand the serious consequences that come with a drug trafficking conviction. Our dedicated team of attorneys commits to providing a robust defense to protect your rights and freedom.
The crime of drug trafficking, as outlined in the Code of Alabama (1975) § 13A-12-231, consists of several elements. These include:
- The defendant knowingly sold, manufactured, delivered, or brought into Alabama a controlled substance.
- The substance in question was cannabis, cocaine, an illegal drug, amphetamine, methamphetamine, or a synthetic controlled substance.
- The quantity of the substance exceeded the threshold amount specified in the statute.
These elements essentially form the basis for a drug trafficking charge. If the prosecution fails to prove any of these points beyond a reasonable doubt, the charges may not stand. Listed below are some amounts and penalties in the statute, arranged by the substance:
Marijuana
- Between one kilo (2.2 pounds) and 100 pounds, there is a minimum sentence of 3 years in prison and a $25,000 fine
- Between 100 pounds and 500 pounds, the minimum sentence is 5 years in prison and a $50,000 fine.
- Between 500 pounds and 1,000 pounds, the minimum is 15 years and a $200,000 fine.
- Any amount over 1,000 pounds carries a mandatory life sentence in prison.
Cocaine
- Between 28 grams and 500 grams, the minimum sentence is 3 years in prison.
- Between 500 grams and one kilo, the minimum sentence is 5 years in prison and a $100,000 fine.
- Between one kilo and 10 kilos, the minimum sentence is 15 years in prison and a $250,000 fine.
- Any amount over 10 kilos carries a mandatory life sentence in prison.
Opium, Heroin, Fentanyl, and Other Controlled Substances
- Between 4 and 14 grams, the minimum sentence is 3 years in prison and a $50,000 fine.
- Between 14 and 28 grams, the minimum sentence is 10 years in prison and a $100,000 fine.
- Between 28 and 56 grams, the minimum sentence is 25 years in prison and a $500,000 fine.
- Any amount over 56 grams carries a mandatory life sentence in prison.
Opioids
- Between 500 and 1,000 pills, the minimum sentence is 3 years and a $50,000 fine.
- Between 1,000 and 4,000 pills, the minimum sentence is 10 years and a $100,000 fine.
- Between 4,000 and 10,000 pills, the minimum sentence is 25 years and a $100,000 fine.
- Any amount over 10,000 pills is a mandatory life sentence.
MDMA/Ecstasy
- Between 28 and 500 grams, the minimum sentence is 3 years and a $50,000 fine.
- Between 500 grams and one kilo, the minimum sentence is 5 years and a $100,000 fine.
- Between 1 and 10 kilos, the minimum sentence is 15 years and a $250,000 fine.
- Any amount over 10 kilos is a mandatory life sentence.
Methamphetamine
- Between 28 and 500 grams, the minimum sentence is 3 years in prison and a $50,000 fine.
- Between 500 grams and one kilo, the minimum sentence is 5 years and a $100,000 fine.
- Between one and 10 kilos, the minimum sentence is 15 years and a $250,000 fine.
- Any amount over 10 kilos carries a mandatory life sentence.
Fentanyl
- Between one and two grams, the minimum sentence is 3 years and a $50,000 fine.
- Between 2 and 4 grams, the minimum sentence is 10 years and a $150,000 fine.
- Between 4 and 8 grams, the minimum sentence is 25 years and a $500,000 fine.
- Any amount over 8 grams carries with it a mandatory life sentence and a $750,000 fine.
What are the Best Defenses to Drug Trafficking Cases?
There are several defenses available to drug trafficking charges in Alabama. These defenses, effectively utilized, can result in the reduction or dismissal of charges.
- The first common defense involves challenging the legality of the search that led to the discovery of drugs. If the police did not follow proper procedure or violated your constitutional rights during the search, any evidence obtained may be deemed inadmissible in court.
- Secondly, the prosecution must prove that the defendant had the intent to distribute the drugs. If it can be shown that the defendant was unaware of the drugs or had no intent to distribute them, it could form a strong defense.
- Lastly, it can be argued that the drugs in question did not meet the quantity requirements for a trafficking charge as specified in the Code of Alabama (1975) § 13A-12-231.
Each case is unique, and the defense strategy should be tailored to the specific circumstances of the case. At The Stoves Law Firm, P.C., we take the time to understand your case thoroughly and develop a defense strategy that best suits your situation.
Have you been charged with Trafficking of a Controlled Substance?
If you or a loved one has been charged with drug trafficking in Alabama, it’s crucial to engage a defense attorney as soon as possible. The Stoves Law Firm, P.C., is committed to providing a solid defense for individuals facing drug trafficking charges with their 25 years of experience. Don’t let a drug trafficking charge ruin your life. Contact us today at (205) 823-7233 or fill out our online contact form to schedule a free consultation. We’re here to help you navigate these challenging times with confidence and dignity.