DRUG TRAFFICKING
Drug Trafficking Lawyer
Recent Success Cases
Drug Trafficking
Result: Dismissal
Court: Magistrate's Court
Complainant: Police
Accusation: Crime of drug trafficking causing serious damage to health
Drug Trafficking
Result: Dismissal
Court: Magistrate's Court
Complainant: Police
Accusation: Crime of drug trafficking causing serious damage to health
The crime of drug trafficking and drug smuggling
Lawyers Drug Trafficking
It condemns those who elaborate, cultivate, traffic, or simply promote or facilitate the illegal consumption of toxic drugs, narcotics, or psychotropic substances and those who possess them for the same purpose.
The intention of the person responsible for this crime, i.e., malice, is evident. The accused of a drug trafficking crime acts with a clear profit motive to obtain a benefit thanks to the trafficking, processing, or cultivation of these drugs.
This crime is typified in Article 368 of the Penal Code. Unlike most crimes, the protected good is a collective good, not an individual one, the public, collective, and community health.
The legal right protected by a drug trafficking crime.
Explained by our Lawyers, experts in Drug Trafficking Crime
As we have commented above, this crime is characterized by the fact that the protected good is a collective good, the health of society, since drug trafficking directly affects the mental and physical health of each of the people who consume them. The illegality of these drugs is due precisely to the harm they cause to consumers and their addictive nature.
What conduct is illegal in a drug trafficking crime?
Our Drug Trafficking Attorneys analyze them.
Next, we will analyze each of the punishable conducts of this crime.
Cultivation, Elaboration or Trafficking
Drug cultivation consists of the planting and harvesting materials from which illegal drugs can be manufactured. Processing is the set of mechanical or chemical processes in which a drug is obtained as a product.
Drug trafficking is the typical conduct of this crime, consisting of purchasing or possessing illegal drugs or controlled substances for subsequent sale to obtain a profit. In other words, the trafficker is an intermediary between the processing of the drug and the consumers.
Promoting, favoring or facilitating
This modality includes the set of behaviors that facilitate or promote the consumption of illegal drugs through actions such as the gift of drugs or donations.
Possession
Within this modality are all those with illegal drugs in their possession to traffic them, causing harm to society. What determines the existence of a crime is the purpose of this possession. Therefore, possessing drugs for personal consumption is excluded from this conduct.
What is the penalty for a drug trafficking crime?
Our Criminal Lawyer expert in Drug Trafficking explains it to us.
The penalty for this crime will depend on the type of drug involved since some drugs cause more significant harm than others.
For those drugs that cause severe damage to health, the penalty imposed will be three to six years imprisonment and a fine of three times the value of the drug. This group includes trafficking in heroin, cocaine, or amphetamines.
For the remaining cases, i.e., for softer drugs such as hashish, the penalty will be a fine of twice the value of the drug.
Drug trafficking is a severe crime with lengthy prison sentences and costly fines. Law enforcement and prosecutors are strict with these crimes. A conviction can dramatically affect your life, even as a first-time offender. That is why it is essential to have a good drug trafficking defense attorney from the beginning of the procedure.
Extenuating circumstances for drug trafficking
There are a series of conditions that, according to Criminal Law, can be considered extenuating circumstances in the trial of this crime:
- When the amount of drug intercepted in the crime does not exceed or is close to the minimum psychoactive limits for that drug.
- The smaller the quantity, the lesser the seriousness of the crime.
- If the individual situation of the accused reveals that the crime has been committed without notable intent to cause harm to others, for example, when an addict traffics to satisfy his addiction.
- It can also be considered a mitigating factor if it is a first offense and the defendant has no prior record.
The penalty for the attenuated form of drug trafficking is from one year and six months to three years less one day of imprisonment and a fine of three times the value, in the case of very harmful drugs, and imprisonment from six months to one year less one day and a fine of one to two times the value of the drug for the rest of the case.
The crime of drug trafficking is punishable by many years of imprisonment and economic fines, even in its most reduced version, the minimum penalty for drug trafficking without a prior record is imprisonment from six months to one year less than one day and a fine from six months to one year less one day and a fine of one to two times the value of the drug.
At Esteban Criminal Lawyers, we are specialists in drug trafficking and have professionals with outstanding technical knowledge to offer you specialized assistance.
Aggravating circumstances for drug trafficking
In addition to the penalties mentioned above, this crime may be considered aggravated when any of the following circumstances are present:
- When the accused is a public official, facultative, teacher, or authority.
- When the person responsible belongs to other criminal organizations.
- If the crime occurs in an establishment open to the public and is carried out by those responsible for it.
- When the accused is a public official, faculty member, teacher, or authority.
- When the person responsible belongs to other criminal organizations.
- If the crime occurs in an establishment open to the public and is carried out by those responsible for it. Also when it takes place in educational, military, penitentiary, or rehabilitation centers.
- If the amount of drugs seized is very relevant.
- When drug trafficking is destined for minors or people in vulnerable situations.
- When the drugs being trafficked have been mixed with other substances, thus increasing the damage caused.
- When for the consummation of the crime, the accused resorts to violence or the use of weapons.
The penalty imposed in the aggravated subtype will be six years and one day to nine years imprisonment and a fine of four times the value when the drugs are especially harmful to health, and in other cases, imprisonment of three years and one day to four years and six months together with a fine of four times the value.
If you are facing drug trafficking charges, contact our criminal defense firm; as lawyers specializing in Drug Trafficking, we will offer you the experience your case needs.
Drug trafficking by criminal organizations
Drug trafficking is also considered an aggravated felony when criminal organizations carry it out.
If an organization commits a criminal act but not by its leading members, the penalties imposed are:
- Imprisonment of nine to twelve years and a fourfold fine if it involves drugs that cause severe damage to health.
- Imprisonment of four years and six months to ten years and a fourfold fine for other drugs.
When the crime is committed by those responsible or in charge of a criminal organization, the penalties imposed shall be as follows:
- When they cause severe damage, imprisonment from twelve and one day to eighteen years and a fourfold fine.
- When they do not cause severe damage to health, imprisonment from ten years and one day to fifteen years and a fine of four times the value of the drug.
Our Law Firm is an expert in Drug Trafficking and Drug Trafficking Trials. Numerous favorable sentences endorse our work and deep knowledge of Criminal Law.
Amounts to consider self-consumption or drug trafficking.
The Supreme Court takes as a reference a table elaborated by the National Institute of Toxicology, in which the average doses of daily consumption and the quantities of notorious importance are indicated.
These amounts are simple references and can be questioned in each case.
Minimum psychoactive dose
The minimum psychoactive dose is the minimum quantity of a chemical substance that affects the organism and determines the limit between typicality and atypicality.
Average consumption dose
The table shows the amounts that a regular consumer usually acquires for himself for five days.
It is important to note that the mere possession of drugs alone does not constitute a crime as long as it is not intended for illegal trafficking. However, it is necessary to distinguish whether the possessor is a habitual consumer or a sporadic one.
- In the case of a habitual consumer, if quantities lower than those indicated in the table are found, it is understood, provided that there are no other indications, that they may be for self-consumption, for which a financial penalty will be imposed, but not a criminal conviction.
If such an amount is exceeded, the offense will automatically become drug trafficking. Likewise, if a small amount is destined for trafficking, whatever it may be, it is considered a drug trafficking offense.
- However, if you are not a habitual drug user, these limits do not apply, and whatever amount is found, you could be convicted of this offense.
The purity percentage is also essential in determining whether or not an offense exists.
Amounts of notorius importance
Quantities of notorious importance are considered quantities exceeding the table’s limits. It is punished with high prison and economic penalties; in the case of soft drugs (cannabis), a prison sentence of 3 years to 4 years and six months, and in the case of hard drugs (cocaine, amphetamines, heroin, morphine), from 6 to 9 years, in both cases, a financial penalty of four times the value of the drug will also be imposed.