Facing criminal charges, especially felony drug charges, can be an overwhelming experience, casting a shadow of uncertainty over your future. A conviction for conspiracy to traffic drugs, a serious offense, will trigger a mandatory minimum prison sentence at both state and federal levels. The weight of this reality can be daunting, but it’s crucial to remember that you’re not alone in this.
Attorney Joel Hancock of Hancock Law Firm understands the high stakes involved for individuals facing serious drug charges. If you’re facing charges of conspiracy to traffic drugs, you need more than just a defense attorney-you need an aggressive, experienced advocate on your side. Mr. Hancock understands the criminal justice process in North Carolina and will fight diligently for your freedom, providing you with the support and reassurance you need during this challenging time.
Understanding the Criminal Charge of Conspiracy to Traffic Drugs
Drug crimes involving more than one person may result in prosecutors charging multiple defendants with a conspiracy to traffic drugs. Whether or not you participated in the trafficking of illegal controlled substances, you can still be charged with conspiracy to traffic drugs. The statutory language for what constitutes a conspiracy is slightly different under state and federal laws. However, the underlying elements of the crime of conspiracy involve an agreement by two or more people to commit a crime.
Prosecutors can charge a defendant with conspiracy even if they agreed to complete a lawful act but through illegal conduct. In North Carolina, prosecutors must prove three elements of conspiracy to secure a conviction:
- The defendant and at least one other person created an agreement
- The purpose of the agreement is to commit a crime
- The defendant and the co-conspirator(s) intended to carry out the crime at the time they made the agreement
Under federal conspiracy laws, prosecutors must prove that at least two people were involved in a conspiracy to commit any crime against the U.S. or defraud the U.S. or any government agency. They must also prove that the conspirators engaged in some type of act to “effect the object” of the conspiracy.
In North Carolina, prosecutors do not have this requirement and merely need to prove an agreement to commit a drug crime or another crime was made between two or more people. Whether you’re facing state or federal conspiracy charges, hiring an experienced attorney as soon as possible is an important step to protect your legal rights.
You May Be Facing Multiple Criminal Charges Related to Drug Crimes
A conviction for conspiracy to commit a crime carries similar penalties as committing the underlying offense. According to North Carolina General Statutes (NCGS) § 14-2.4, punishment for a conviction of committing a drug crime lowers the penalty by one classification level from the underlying drug charge. This penalty system applies to all felony conspiracy charges unless another classification is clearly stated in the relevant statute.
For example, suppose you’re convicted of conspiracy to traffic cocaine. In that case, you can face up to 219 months in prison, even if you never actually moved the cocaine in an attempt to sell the cocaine.
Prosecutors may bring conspiracy charges, even if they don’t have enough evidence to convict a defendant of the underlying drug crime. In addition to conspiracy charges, you may be charged with other illegal acts arising from the conspiracy, even if you didn’t commit them personally. You could face additional charges for auto theft, burglary, or even homicide.
The Penalties for a Drug Conspiracy Conviction in North Carolina
The penalties for conspiracy to traffic drugs depend on whether you’re facing state or federal charges, the quantity of the drugs, and the type of drugs found. In addition to facing mandatory minimum jail time, defendants convicted of drug trafficking will also face significant fines and a permanent criminal record. If convicted, defendants will face the following mandatory minimum prison sentences:
- Marijuana: 25 to 219 months
- Heroin or other forms of opium: 70 to 279 months
- Cocaine: 35 to 219 months
- Oxycodone: 70 to 279
- Meth: 35 to 219 months
A conspiracy to commit a drug trafficking conviction can make it difficult for individuals to obtain or keep employment, find housing, and further their education. A criminal record can have long-lasting effects on your life. Speaking to a criminal defense attorney and aggressively fighting the charges against you will give you the greatest likelihood of beating the criminal charges and maintaining your freedom.
Defenses to Drug Trafficking Conspiracy Charges
Conspiracy cases are complicated, and you’ll benefit from working with an attorney with an in-depth understanding of these complex statutes. However, some aspects of defending against conspiracy charges may be familiar. As with any other criminal case, prosecutors must prove every element of the crime beyond a reasonable doubt to convict a defendant, a high burden.
Attorney Joel Hancock has extensive experience building effective legal defenses against conspiracy charges. He will carefully review every aspect of your case, including your arrest, and determine the best legal defense strategy. You may be able to contest the existence of an agreement or prove it didn’t involve criminal activities. Proving you didn’t agree to commit a crime will make it difficult for the prosecution to protect you.
Additionally, if you were arrested without probable cause or your vehicle or home was searched illegally. In that case, your defense attorney can ask the court to dismiss the evidence gathered from the illegal search or seizure.
Contact an Aggressive Criminal Defense Attorney in North Carolina
If you’ve been charged with conspiracy to traffic narcotics or any other serious crime in North Carolina, you aren’t alone. Attorney Joel Hancock is prepared to fight all of the charges against you. He will immediately begin gathering evidence and developing an effective strategy to pursue the best outcome possible in your case. Don’t hesitate to contact Hancock Law Firm to schedule a complimentary, no-obligation case evaluation. Simply call our office or fill out the contact form on our website, and we will get back to you promptly to arrange a convenient time for your evaluation.