Drug Crimes Lawyer - Ryan Garry has explained in a blog post the average sentence for drug possession in the state of Minnesota. He points out that there is no average sentence for a drug possession conviction but it will be primarily dependent on whether the case is a major federal multi-defendant indictment, state case, or low-level drug prosecution. Simple possession of a controlled substance usually carries little, if any jail incarceration. However, federal sentencing guidelines can result into prison for life, depending on the type of charge and the defendant’s history.
Ryan Garry explains, “Drug offenses are determined by the specific drug and the amount of the drug. There are five degrees of drug offenses and all are felonies. If you are arrested for any of these drug crimes you’ll want to contact a drug attorney in Minneapolis. Because each offense level has multiple possibilities, the more common offenses can be defined by: first degree controlled substance crime; controlled substance crime in the second degree; controlled substance crime in the third degree; fourth degree controlled substance crime; and fifth degree controlled substance crime.”
There are numerous kinds of federal narcotic crimes as these are usually complex. In general, it is illegal to intentionally or knowingly produce, distribute, or possess with intent to distribute a controlled substance. The penalty could be as much as life imprisonment or a fine of $20 million. Because these situations are usually complex, it is important to consult with a knowledgeable drug possession attorney.
Controlled substance in the first degree crime involves covering the selling of mixtures of at least 10 grams of meth, heroin, or cocaine; or at least 50 grams of mixtures of meth, cocaine, or heroin at least once within 90 days. This particular crime also involves possession of at least one mixture of at least 25 grams of heroin, cocaine, or meth. The sentence for this crime is up to a maximum of 30 years in prison and/or a fine of up to $1 million. If the defendant has a prior conviction, there is a minimum of 4 years up to a maximum of 40 years imprisonment.
The second degree level of controlled substance crime includes selling mixtures of at least 3 grams of heroin, cocaine or meth, or at least 10 grams of mixtures containing a narcotic other than cocaine, meth or heroin at least once in 90 days. This carries up to 25 years of imprisonment and/or up to a fine of at least $500,000.
Controlled substance crime in the third degree involves selling at least one mixture of a narcotic drug or at least 5 kilograms of marijuana within 90 days. It also includes possession of at least one mixture of at least 3 grams of heroin cocaine, or meth, or at least 10 grams of mixtures of a narcotic other than heroin, cocaine, or meth at least once within 90 days. The penalty is up to 20 years imprisonment and/or a fine of up to $250,000.
Controlled substance fourth degree crime includes selling at least one mixture of most Schedule I, II or III drugs, or Schedule VI or V drugs to a minor. This is penalized by up to 15 years of imprisonment and/or a fine of up to $100,000.
Fifth degree controlled substance crime is punishable by up to 5 years of imprisonment and/or a fine of $10,000. This particular offense includes selling at least one mixture of more than a small amount of marijuana or a Schedule IV drug. It also includes selling at least one mixture of Schedule I, II, III or VI drugs as the drug is more than a small amount of marijuana.
Those who would like to learn more about defense against drug possession charges can check out Ryan Garry LLC and the various services offered by the firm can check out their website, or they contact them on the phone or through email. They are open 24 hours a day, everyday of the week.
SOURCE: Press Advantage [Link]
Ryan Garry is a Criminal Defense attorney in Minneapolis MN. He is recognized by the Minnesota State Bar Association as a Criminal Law Specialist. Specializing in Drug Crimes, Criminal Sexual Conduct, Murder and Federal White Collar Crimes.
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