Do you need a Criminal Defense Attorney in Fresno? If you have been arrested or charged with federal drug charges, it is essential to obtain legal counsel for help right away.
What are Federal Drug Charges?
A Federal drug crime is a drug-related criminal act that is illegal by the federal government. For example, marijuana is legal in California, but it is still illegal under the federal government.
A federal drug crime is usually only charged by the federal government if one of the following drug crimes was committed:
- Selling or manufacturing drugs
- Caught in possession of, using, selling, or manufacturing drugs on federal property or caught by a federal officer, such as a DEA agent
- Caught with the help of an informant
- The state and federal prosecutors made an agreement to charge on a federal level
Some federal drug charges include:
- Drug manufacturing
- Selling drugs
- Possession with intent to sell
- Drug trafficking
- Organized crime involving drugs
“My husband and I have really had our ups and downs these past four years and it was helpful to watch your poignant YouTube video a few months ago where you described a story about never wanting to leave your clients behind. We appreciate that, believe me, as this whole journey has been unbelievably hard. Thank you for your continued support as we approach what will hopefully be the final chapter of my husband’s journey. I am hoping for the best of all outcomes.”
“After the first meeting with Mark, I knew we were in the right place. Mark was able to get answers and call all the right people to protect my child. We would never deal with the criminal justice system again with out Mark Broughton at our side. We are very thankful we found him and the matter with our son went away quickly.”
“Mr. Broughton is top notch. My son was facing a felony, strike charge. Mr. Broughton fought for my son’s pre-trial release against the recommendation of the probation department, and my son was able to come home. Today, the case was resolved and the outcome was minor in comparison to the charge. I highly recommend Mark Broughton!”
“He is an amazing lawyer, I had a near impossible felony case and he helped me bring it down to a misdemeanor. Amazing personality and a kind human being!”
“I highly recommend Mark Broughton. His expertise, professionalism, and empathy in our complex case gave us the feeling of confidence. I cannot begin to show or say how much we are grateful to you. Mark Broughton, you are truly an Angel in disguise. Again Thank You!”
“I was charged with 2 felonies and was at risk of jail time, losing my job and my children, basically my entire life. Mark worked closely with me and… I was able to plead no contest to 1 misdemeanor.”
“I am forever grateful for what Mark has done for my me and my family.”
“Thank you Mark… for the excellent work you all did on my son’s cases and the on-going support you all showed my family and myself through this very difficult time in our lives.”
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Penalties for Federal Drug Charges
There are statutory mandatory minimum sentences for federal drug offenses. They differ on the amount of drugs and what kind of drug.
The 5-year mandatory minimum is as follows:
- 100G of Heroin
- 500G of Powder Cocaine
- 28G of Cocaine base (crack)
- 100KG of Marijuana
- 5G of pure Methamphetamine
- 50G of a mixture of Methamphetamine
The 10-year mandatory minimum is as follows:
- 1KG of Heroin
- 5KG of Powder Cocaine
- 280G Cocaine base (crack)
- 1,000KG of Marijuana
- 50G of pure Methamphetamine
- 500G of a mixture of Methamphetamine
The penalties are higher if death or serious bodily injury results from use of any of the controlled substances. If someone has a prior conviction of a felony drug offense then the 5-year minimum increases to the 10-year minimum.
The penalties are also much more severe in federal court than in a state court, which results in decades in federal prison.
Do you have federal drug charges against you? If you have been arrested or charged with a crime, it is essential to obtain legal council for help. It’s important to take your charges seriously. Don’t just hope for the best. Hire an attorney who understands your situation and the consequences you face.
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Your Defense Attorney for Federal Drug Charges
I’m Mark A. Broughton and I’m here to fight for you. I have been a defense Attorney for 40+ years and have represented thousands of people accused of crimes. I have extensive experience representing citizens charged with Felonies, Federal Crimes, Federal Drug Charges, Drug Manufacturing, Transportation/Distribution of Methamphetamine, and Possession for Sale to name a few.
About Mark Broughton:
Compassionate, highly experienced, exceptional reputation, ethical and honest:
Mark Broughton has been practicing law for over 40 years. He estimates that he has conducted over 200 jury trials – everything from DUIs, drug cases, sex cases, domestic violence, assaults, “three-strikes,” dozens of cases involving criminal street gangs, gun/deadly weapons, drive-by shootings, robberies, attempted murders, and murders, including special circumstance murder cases.
He has received many outright Not Guilty verdicts for his clients in all of these types of cases, including several murder cases – at one time between 2005-2007, the jury found his clients Not Guilty in four separate cases in a row.
Mark Broughton is qualified as a death penalty lawyer and is on the special circumstances/death penalty panel of attorneys in Fresno, California, where he is regularly appointed to special circumstances/death penalty murder cases by the Fresno County Superior Court.
- Certified Specialist Criminal Law, State Bar of California
- Board of Trustees, State Bar of California
- Chairman, Fresno County Bar Association, Criminal Law Section
Mark Broughton enjoys close relationships with his clients. He sees every individual’s situation with compassion and empathy and believes that every person has the right to a fair trial and is innocent until proven guilty.
Above all, he enjoys helping reunite his clients and their families during and after dealing with perhaps the most difficult time in their lives, going through the challenging criminal process with them.
Criminal defense lawyers sometimes specialize, so you’ll want to ask your defense lawyer to be sure they can help with the specific drug charges you’re facing. Mark Broughton handles drug charges and will fight to get you the best possible outcome. Drug crimes range anywhere from possession to drug trafficking, so the legal defenses and penalties vary greatly. Drug charges can include possession, possession for sale, manufacturing, DUI, and others. Drug charges also may be prosecuted in state or Federal Court, so it’s important that your defense lawyer has experience in both courts. Mark Broughton does.
A drug crime, depending on what type of crime, can be a misdemeanor of a felony. The penalties vary but they usually include imprisonment, thousands of dollars in fines, and probation. More significant cases can be prosecuted in Federal Court with much more severe punishment.
Drug manufacturing is the illegal production of drugs, narcotics, or controlled substances. It’s prohibited to engage in or offer to engage in any activity that helps in the manufacturing of illegal substances.
You do not have to finish the manufacturing process to be guilty of drug manufacturing. This crime is committed as soon as the drug manufacturing process begins.
Some of the most commonly manufactured controlled substances in the United States are:
- Methamphetamines (Meth)
Drug possession, also known as possession of a controlled substance, under California Health and Safety Code 11350 makes it illegal to possess certain drugs without a valid prescription as well as illegal drugs. Some of the controlled substances under HS 11350 include but are not limited to:
“Possession” of a controlled substance means that the defendant exercised control over the drug, knew of the presence of the drug, knew that it was a controlled substance, and had enough of the drug that it could be used as a controlled substance.
Actual possession means that you have direct control over the drug. This usually means that the drugs are on your person.
Joint possession is when your and at least one other person share in actual or constructive possession of the controlled substance.
Constructive possession means that drugs were not found on your person but were found in an area that you are in control of, such as your home or your car.
Possession for sale is possessing certain controlled substances with the intent to sell or distribute them. Some of the controlled substances under this law include:
- GBH Gamma-hydroxybutyric acid
- Some hallucinogenic substance
- Oxycodone (Oxycontin)
- Hydrocodone (Vicodin)
In order to be guilty of possession for sale, you have to have known that you possessed or purchased enough of the drug to sell and knew the nature of the drug. You also had to have the intent to sell.
Possession for sale is a felony and the potential penalties are as follows:
- Felony probation
- Incarceration time
- A maximum fine of $20,000
Cases prosecuted in federal court could face much more severe punishment.
Prescription drug fraud can be committed by doctors or patients. Patients commit prescription drug fraud in order to obtain a prescription for a controlled substance through fraud, deceit, misrepresentation or concealing facts. Doctors commit prescription drug fraud by writing illegal prescriptions either for themselves, friends, family, or patients.
Examples of Prescription Drug Fraud
- A woman goes to the doctor with a fake injury in order to get prescription pain killers.
- A man goes to multiple doctors for the same problem in order to get multiple prescriptions of a controlled substance.
- A doctor charges a flat fee to write patients any prescription they want.
Prescription drug fraud is a wobbler, meaning it can be charged as a misdemeanor or a felony. Cases could be charged in state or Federal Courts. If charged as a misdemeanor the penalties include:
- Misdemeanor probation
- A fine up to $1,000
If charged a felony the penalties include:
- Felony probation
- A fine up to $20,000
If a medical professional commits prescription drug fraud they will likely lose his or her professional medical license. Cases prosecuted in federal court could face much more severe punishment.