Drug conspiracy is a criminal offense in the United States and is punishable by federal law. The legal process for such crimes is very complex, and offenders often receive strict punishments for their actions. Because of the seriousness of these crimes, the government is heavily involved in investigating and prosecuting all aspects of illegal drug activity.
A Phoenix drug crime defense lawyer can represent you if you find yourself facing drug crimes. Drug conspiracy and other drug-related crimes are serious offenses, can be very difficult to navigate, and vary greatly depending on the level of involvement, crime committed, and type of drug. With extensive experience, our team at Suzuki Law Offices will take a thorough and multi-faceted approach as we fight for you and protect your rights and freedoms throughout the entire process.
What Constitutes Drug Conspiracy
The U.S. government defines drug conspiracy in 21 U.S.C. §846 as any person who schemes or attempts to commit a drug crime. Penalties for drug conspiracy are the same as those for anyone who actually commits a drug crime. While drug conspiracy is based on intent rather than possession, the former doesn’t necessarily preclude the latter.
Controlled Substance vs. Illegal Drugs
When evaluating penalties for drug conspiracy and other drug crimes, the type of drug involved can make a big difference in the degree of sentencing a person may receive. Controlled substances and illegal drugs are two common types of drugs. Both types also vary in accessibility.
Drugs that are considered to be illegal cannot be made, sold, or prescribed anywhere in the United States. Controlled substances are drugs that are heavily regulated by the government under the Controlled Substances Act and are illegal outside of legal prescription use. The Drug Enforcement Administration (DEA), Department of Health and Human Services (DHHS), and other interested parties can request drugs be added or taken off the controlled substances list.
Drug Schedules
According to the DEA, the type and classification of a drug is categorized into schedules according to its effects, potential for abuse, public health risk, and dependence level. The schedule of a drug can heavily impact the type of drug crime charges and penalties that can be leveled against someone engaging in conspiracy or possession. The DEA provides a list of drug scheduling classifications and some examples of what drugs are included in each category:
- Schedule I: LSD, Marijuana, Heroin, Peyote, ecstasy, methaqualone
- Schedule II: OxyContin, Vicodin, Adderall, Ritalin, Demerol, Dilaudid, methamphetamine, cocaine, fentanyl
- Schedule III: ketamine, anabolic steroids, testosterone, drugs with less than 90 milligrams of codeine
- Schedule IV: Xanax, Ambien, Valium, Ativan, Tramadol, Darvocet
- Schedule V: Lomotil, Lyrica, Motofen, Parapectolin, drugs with less than 200 milligrams of codeine
Sentencing and Penalties for Drug Conspiracy
According to the United States Sentencing Commission, the base offense level outlines that drug conspiracy is punished in the same manner as committing a drug offense involving a controlled substance. Additionally, if both a conspiracy and an offense were committed, then they are both taken into account separately when determining a sentence. However, if there are no designs to distribute and/or no drugs were seized, then these factors are considered based on their specifics and may be left out of the determination in some cases.
Additionally, the U.S. Department of Justice (DOJ) outlines the process for determining charges in accordance with §9-27.300 and §9-27.311 of the justice manual. Courts will generally include the offender’s most serious crime in the conviction decision and decide a punishment that is proportional to the seriousness of the offense. However, additional considerations are made where drug crimes are concerned.
While drug crimes are subject to increased scrutiny and punishment, there are times when the punishment is disproportionate to the crime committed. When this is the case, prosecutors can take certain criteria into account when making a ruling. An offender may be eligible for reduced sentencing if they did not have a strong tie to orchestrating the drug crime, showed no use of force or harm, did not possess a weapon, did not have strong ties to a cartel, or did not have a strong history of involvement with any of the above activities.
Arizona Conspiracy Law
In addition to federal laws and penalties against drug conspiracy, Arizona has its own conspiracy laws in place. According to Arizona statute 13-1003, any person who conspires — or has knowledge of someone conspiring — with another person to commit a crime is guilty of conspiracy. If the conspiracy is about a felony offense, it can be punished as a felony; conspiracy to commit a class I felony is punishable by life in prison without a chance of parole for at least 25 years.
Make Legal Representation a Priority
When facing charges for drug conspiracy and other related drug crimes, a defense lawyer will advocate, negotiate, and fight for you. Their deep understanding of criminal legal proceedings allows them to devise strategies to fit your circumstances, seek plea deals, provide information and guidance throughout the process, and so much more. Experienced legal representation can greatly influence the outcome of your charges, trial process, and length of any potential prison time.
In a legal case concerning drug-related crimes, a lawyer will investigate and gather documentation, video, witness statements, and other relevant forms of proof to establish your defense and back up your plea. They will also guide you through what your options are, explain how severe your charges are, and prepare you for what kind of penalties or repercussions you may receive based on the specifics of your situation.
Hire a Drug Crime Defense Lawyer Today
Due to the government’s involvement in drug crimes, hiring a Phoenix Federal crime defense lawyer is a must. Suzuki Law Offices understands how the federal legal process operates and can provide invaluable strategies to you for your defense as a result. Learn more about your options when you schedule a free consultation today with one of our lawyers.
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