What are the Penalties for Drug Trafficking?

Drug trafficking offenses have some of the most complicated sentencing guidelines in South Carolina. Your sentence not only depends on the specific facts of your case, including aggravating and mitigating factors, but also on the type and amount of the seized substances. It can be challenging to determine whether you should accept a plea deal if you’re struggling to understand the penalties you may be facing at trial.

Contact an experienced defense attorney in Conway, SC, immediately to discuss the complicated criminal penalties associated with South Carolina drug dealing charges.

Overview of Drug Trafficking Penalties in South Carolina

The potential penalties for drug dealing (possession with intent to distribute) charges in state court depend on three primary factors: (1) drug type, (2) drug weight, and (3) prior offenses. For this reason, drug trafficking penalties can vary from minor fines to 40 years behind bars. Defendants charged with distributing substances such as cocaine, heroin, and fentanyl are subject to more serious penalties than those charged with dealing marijuana or spice.

With the help of a Conway criminal defense attorney, a first-time offender charged with trafficking only 10 pounds of marijuana can face less than one year in prison. A lawyer can even help you plead to a lesser offense, such as possession, and avoid jail time. However, the penalties for an offender charged with trafficking more than 28 grams of heroin can range from 25 to 40 years in prison and a $200,000 fine. Defendants accused of federal offenses can also face specific mandatory minimum penalties, such as five years’ imprisonment.

Legal Strategies for Reducing Drug Dealing Penalties

Experienced criminal defense lawyers can employ the following strategies to reduce or defeat drug trafficking charges in Conway.

Challenging the Search and Seizure

If police officers unlawfully stopped your vehicle or seized evidence without a valid warrant, the exclusionary rule may prohibit courts from considering any evidence seized during the unlawful search. This could result in some of the evidence being excluded from the trial, reducing the overall drug weight calculations, and resulting in sentencing guidelines.

Disproving Intent

Drug trafficking is a specific intent crime, meaning you must have the intent to distribute controlled substances. Courts assume intent based on the weight of the evidence seized, but an attorney can challenge intent. Defenses to intent can include:

• Unknown possession
• Personal use only
• Medical prescription
• Lack of ownership

A small bag of fentanyl is easily hidden in shared spaces and vehicles, but can result in drug-dealing charges against vehicle or apartment owners. Do not speak with police if illegal drugs are discovered on your property or in your car. Contact a defense attorney immediately to discuss defeating drug trafficking charges.

Negotiating Plea Deals

In some cases, defense counsel can negotiate a plea deal with local prosecutors. This can include reducing trafficking charges to possession charges or agreeing to accept the penalties associated with a different substance or a lower drug weight calculation.

Connect with a Drug Trafficking Defense Lawyer Today

Drug trafficking charges involve complex laws and severe penalties. Rather than navigating these challenges alone, work with a knowledgeable South Carolina defense attorney who can evaluate your indictment, explain your potential exposure, and craft a strong legal strategy. Contact us online or call today to schedule a confidential consultation.