Fentanyl trafficking in Oklahoma is getting worse each day as people become addicted to it. The drug is one of the most dangerous and potent synthetic opioids, and its illegal distribution is a significant concern in Oklahoma. Trafficking fentanyl is a severe offense, and those facing conviction are looking at harsh penalties under Oklahoma law. Understanding the minimum sentence for fentanyl trafficking in the state is crucial for individuals facing such charges or for anyone seeking to understand Oklahoma’s stringent drug laws.
Definition of Fentanyl Trafficking in Oklahoma
Under Oklahoma Statutes Title 63 §2-415, drug trafficking is defined based on the amount of a controlled substance in possession. For fentanyl, trafficking is presumed when an individual possesses 1 gram or more. This low threshold reflects the extreme potency and risk associated with fentanyl.
Increasing amounts of drugs, both illegal and prescription, are being reported as containing trace amount of this drug from lacing practices. Due to the high risk of overdose, Oklahoma has instituted an almost zero tolerance policy when prosecuting the distribution of the drug.
Minimum Sentence for Fentanyl Trafficking
In Oklahoma, fentanyl trafficking carries severe penalties, including mandatory minimum sentences. For those convicted of trafficking fentanyl, the following are the likely outcomes:
- Prison Sentence: The minimum prison sentence is 10 years. However, depending on the specific circumstances, such as prior convictions, the sentence can be significantly longer, up to life imprisonment.
- Fines: Convicted individuals may also face substantial fines. Oklahoma law allows fines up to $500,000 for trafficking fentanyl.
- No Early Release: Sentences for fentanyl trafficking are subject to Oklahoma’s 85% Rule, meaning that offenders must serve at least 85% of their sentence before becoming eligible for parole.
Aggravating Factors and Enhanced Penalties
Certain factors can lead to enhanced penalties for fentanyl trafficking, such as:
- Trafficking in proximity to schools, parks, or other designated areas.
- Being part of an organized criminal enterprise.
- Having prior felony drug convictions.
These aggravating factors may increase the mandatory minimum sentence or result in additional charges.
Legal Defenses Against Fentanyl Trafficking Charges
Defending against fentanyl trafficking charges requires an experienced criminal defense attorney. Potential defenses include:
- Illegal Search and Seizure: If law enforcement violated constitutional rights during the investigation, evidence may be suppressed.
- Lack of Knowledge: The defendant may argue they were unaware of the substance’s presence or its nature.
- Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that the defendant knowingly possessed fentanyl in quantities meeting the trafficking threshold.
Hiring a criminal defense attorney with the necessary skills to employ these defenses is key. A lawyer can review the facts of the case and determine the best route to fighting for your freedom.
Tulsa Criminal Defense Lawyers
The minimum sentence for fentanyl trafficking in Oklahoma is a mandatory 10-year prison term. This sentencing reflects the state’s zero-tolerance policy toward the opioid crisis. However, the specific penalties can vary widely based on the details of the case, including the amount of fentanyl involved and any prior convictions.
If you or someone you know is facing fentanyl trafficking charges, it is critical to seek legal representation from a skilled Tulsa criminal defense attorney. An experienced lawyer can evaluate your case, protect your rights, and work to minimize the impact of these serious charges.
For more information or to schedule a consultation, contact Tulsa Criminal Lawyers by calling 918-416-0358 or contacting us online for a consultation with a criminal defense attorney.