Heroin, the man-made derivative of morphine, makes up a large part of the illicit drug market. It is one of the most dangerous drugs, as it is difficult to prevent overdoses, due to the inability to determine the purity of the drug. Because of this, heroin is a Schedule I drug, and thus there are very extreme penalties for the use and sale of this illegal substance.
Heroin drug crimes may be grouped either on a state or federal level, depending on the nature of the circumstances encompassing the offense. Simple possession charges usually will be given to the state, but trafficking charges will elevate the case to the federal court. Other factors like the offender’s criminal history, and where the crime took place are also critical, whether in close proximity of a school, public park, church, or residence, and, of course, the amount of drug involved. Although state laws can vary, most of them subscribe to the Uniform Narcotics Act which make a heroin conviction a criminal offense.
Heroin Crime Penalties
Oklahoma’s statutes and laws regarding heroin is as follows based on The Code Section Oklahoma Statutes Title 63 §2-101, et seq.: Uniform Controlled Dangerous Substances Act: Possession of heroin is considered a felony carrying 2-10 years of jail time, subsequent offense is felony carrying 4-20 years in prison, within 1000 feet of school or in presence of child under 12 will double penalties, subsequent offense will triple the penalties. Sale of heroin in Oklahoma is a felony with 5 years to life in jail and up to $100,000, subsequent offense will double penalties with at least 10 years of jail time, within 1000 feet of school or in the presence of child under 12 will double penalties and subsequent offenses will triple the penalties. Trafficking of heroin with a net weight of 10-28 grams will be $25,000-$50,000 fine and prison term, over 28 grams will be $50,000-$500,000 and prison term.
Heroin Defense Lawyer
Though the stakes are high, it is possible to fight and win a heroin drug charge, and plenty of times the winning verdict lies in possibility that your rights were violated at the moment you were caught or searched. There also could be other law enforcement mistakes that could aid in suppressing the proof against you. Keep in mind that though Oklahoma does not have near the prevalence of heroin use as, say, marijuana or methamphetamine use, it will not prevent the courts from bringing down harsh penalties on a suspect to prevent an uprising. Have a defense lawyer who can help you attain a fair outcome through fierce legal representation and fighting with you every step of the way.
