Being accused of conspiracy charges for drugs is a serious matter that can lead to severe penalties, including lengthy prison sentences and hefty fines. Beyond the severity of drug conspiracy charges, they can be damaging because federal drug conspiracy laws are so broad — which means they can implicate individuals for merely discussing or planning a drug-related offense, even if the crime was never completed.
If you find yourself facing these charges, knowing what steps to take is crucial for building a strong defense. If you or a loved one is accused of drug conspiracy, contact Guzman Law Firm immediately at 956-516-7198. Rising Star Super Lawyer Javier Guzman has a proven track record fighting tough cases in a court of law, and knows what it takes to get federal drug conspiracy cases dismissed. He can provide the legal support you need to fight these charges and protect your rights.
What is the federal conspiracy statute for drugs?
Is drug possession a federal crime? Under federal law, conspiracy to commit a drug crime falls under the broader statute that governs all conspiracies, 21 U.S.C. § 846. According to this statute, anyone who conspires to commit any offense defined under federal drug laws, such as the Controlled Substances Act, can be charged with conspiracy, regardless of whether the crime itself was ever carried out.
The statute requires two main elements to establish a conspiracy charge:
- Agreement: There must be evidence that two or more people agreed to commit a drug-related offense. This agreement doesn’t need to be formal or written; it can be inferred from the actions and communications of the parties involved.
- Overt act: At least one of the conspirators must have taken an overt act in furtherance of the conspiracy. This act doesn’t need to be illegal itself — it could be something as simple as purchasing supplies or renting a vehicle — but it must be an action that advances the conspiracy’s goals.
One of the most daunting aspects of conspiracy charges is that you can be held accountable for the actions of others within the conspiracy, even if you played a minor role or were not directly involved in criminal activity.
Continue reading: Is weed a controlled substance in Texas?
What is the sentence for conspiracy to distribute?
The sentence for conspiracy with intent to distribute drugs depends on several factors, including the type and quantity of drugs involved, your criminal history, and your role in the conspiracy. Federal sentencing guidelines categorize drug conspiracy offenses based on the drug type and amount, which in turn determine the base offense level.
For example, a conspiracy involving large quantities of a controlled substance like cocaine or heroin can result in a mandatory minimum sentence of 10 years to life in prison. In contrast, a conspiracy involving smaller quantities or less dangerous substances may carry lighter penalties, but they are still severe. Here is a look at what you can expect for various drug conspiracy crimes:
| Crime | Substance Possessed and Amount | Maximum Fine | Prison Time |
| Use of a telephone facility for drug trafficking crime | N/A | $250,000 | Up to 4 years |
| Use of a firearm during a drug trafficking crime | N/A | $250,000 | 5 years – life |
| Conspiracy to Distribute | < 1 gram LSD < 5 grams methamphetamine < 28 grams crack cocaine < 100 grams heroin < 500 grams cocaine < 100 kilograms marijuana | $1 million | Up to 20 years |
| Conspiracy to Distribute | >1 gram LSD > 5 grams methamphetamine > 28 grams crack cocaine >100 grams heroin > 500 grams cocaine > 100 kilograms marijuana | $5 million | 5 – 40 years |
| Conspiracy to Distribute | > 10 grams LSD > 50 grams methamphetamine > 280 grams crack cocaine > 1 kilogram heroin > 5 kilograms cocaine > 1000 kilograms marijuana | $10 million | 10 years – life |
Note that the sentence is generally lower for a first-time offender felony drug charge, but the penalties can increase significantly if:
- The defendant has prior drug convictions.
- The conspiracy involved violence and weapons or led to serious injury or death.
- The defendant was in a leadership role in the conspiracy.
In addition to prison time, a conviction for drug conspiracy can result in substantial fines, forfeiture of assets, and a permanent criminal record. Sentencing in federal drug cases is complex and heavily influenced by the specifics of the case, making it essential to have skilled legal representation to advocate for a fair outcome.
What is the statute of limitations on a federal drug crime?
The statute of limitations is the time period within which prosecutors must bring charges against an individual. For most federal drug crimes, including conspiracy charges, the statute of limitations is typically five years from the date the crime was committed. However, this time limit can be extended under certain circumstances.
The statute of limitations on drug charges in Texas generally starts from the last overt act in furtherance of the conspiracy. If any member of the conspiracy commits an overt act, the clock resets, meaning that the five-year period starts anew. This is one of the reasons why conspiracy charges can be particularly challenging — the timeline for prosecution can be prolonged, sometimes by years, if the conspiracy continues or new acts are committed.
It’s important to note that if the conspiracy led to serious bodily injury or death, the statute of limitations may be extended to 10 years. In cases involving terrorism or other severe crimes, there may be no statute of limitations at all.
How to fight a federal drug conspiracy charge
Defending against federal drug conspiracy charges requires a comprehensive strategy tailored to the specifics of your case. Here are some key defense strategies that may be employed:
1. Challenge the existence of a conspiracy
One of the most effective defenses is to challenge the very existence of a conspiracy. The prosecution must prove beyond a reasonable doubt that there was an agreement between two or more people to commit a drug-related offense. If there is insufficient evidence to establish this agreement, the conspiracy charge cannot stand.
2. Dispute involvement
Even if a conspiracy did exist, the defense can argue that the defendant was not knowingly involved. This can be done by demonstrating that the defendant had no knowledge of the conspiracy’s goals or that their actions were not intended to further the conspiracy.
3. Prove the lack of an overt act
For a conspiracy charge to be valid, there must be an overt act in furtherance of the conspiracy. The defense can argue that no such act was taken, or that the act in question was not related to the conspiracy. Without an overt act, the conspiracy charge may be dismissed.
4. Argue entrapment
Entrapment occurs when law enforcement induces an individual to commit a crime that they would not have otherwise committed. If it can be shown that the government initiated or encouraged the conspiracy and that the defendant was not predisposed to engage in illegal activity, entrapment can be a viable defense.
5. Demonstrate violation of Constitutional rights
Any evidence obtained in violation of the defendant’s constitutional rights, such as through illegal search and seizure, must be excluded from the trial. If key evidence is thrown out, it may weaken the prosecution’s case to the point where the charges are reduced or dismissed.
6. Negotiate a plea bargain
In some cases, negotiating a plea deal with the prosecution may be in the defendant’s best interest. This can result in reduced charges or a lighter sentence in exchange for a guilty plea. An experienced attorney can help you decide whether a plea bargain is a good option and negotiate the best possible terms.
Accused of a drug conspiracy charge? Let Guzman Law Firm defend you.
Facing federal conspiracy charges for drugs is a daunting experience, but you don’t have to go through it alone. The stakes are high, and the legal complexities can be overwhelming. At Guzman Law Firm, we understand the severity of these charges and the impact they can have on your life. Our team is committed to providing a robust defense for our clients, leveraging our deep knowledge of federal drug laws and extensive courtroom experience.
We will thoroughly investigate your case, challenge the prosecution’s evidence, and work tirelessly to protect your rights and achieve the best possible outcome. Whether it’s fighting for a dismissal, negotiating a favorable plea deal, or taking your case to trial, we will be with you every step of the way.
If you or a loved one has been accused of a drug conspiracy charge, don’t wait. Contact Guzman Law Firm today at 956-516-7198 for a confidential consultation. Let us help you through this difficult time and defend your future.
More Helpful Articles by Guzman Law Firm:
- What Are the Penalties for Theft of a Firearm in Texas?
- What Felonies Disqualify You from Getting a CDL?
- What Is Illegal Search and Seizure in a Vehicle?
- What Are Some Human Smuggling Examples?
- Do CDL Drivers Get Drug Tested?
