Federal Drug Crimes
Federal criminal cases for possessing and trafficking drugs are extremely serious. The New York criminal defense firm of Galluzzo & Arnone has extensive experience litigating federal drug crimes throughout the New York City area. Their attorneys, Matthew Galluzzo and Eric Arnone, have represented numerous individuals accused of possessing and trafficking narcotics and other controlled substances in both of the federal district courts in New York City, the Southern and Eastern Districts of New York.
The seriousness of federal drug charges generally depends upon the quantity and type of controlled substances possessed or trafficked. The criminal record of the accused defendant is also extremely relevant to the calculation of the potential penalties. Notably, most federal drug cases are prosecuted as conspiracies, and defendants accused of belonging to conspiracies are often penalized for the entire actions of the conspiracy. Certain federal drug charges also carry mandatory minimum penalties for defendants, regardless of their criminal records. Certainly, a federal drug charge can have serious consequences including lengthy prison sentences. Moreover, convictions for these crimes render non-citizens deportable and generally inadmissible to the United States in the future.
Federal indictments involving drug charges are usually the result of long and coordinated investigations by federal agents involving cooperating witnesses, wiretaps, search warrants, and surveillance. Put plainly, the evidence against indicted defendants is oftentimes significant and well-organized. However, defendants can sometimes successfully attack the credibility of cooperating witnesses because they usually have significant criminal records. Also, sometimes defendants can demonstrate that although they associated with other members of the conspiracy, they were not working with the conspiracy. Finally, defendants with little defense can still assist themselves by cooperating with law enforcement or by arguing that they played a minimal role in the conspiracy.
Under federal criminal law, it unlawful for any person to knowingly or intentionally manufacture, distribute, or dispense, or possess with intent to manufacture, distribute or dispense a controlled substance; or to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance. There are mandatory minimum penalties for a variety of different offenses. Some examples include:
- 21 U.S.C. § 841(a)(1)(A): ten year minimum for 1 kilogram of heroin, 5 kilograms of cocaine, or 1000 kilograms of marijuana (there are other quantities for other drugs).
- 21 U.S.C. § 841(a)(1)(B): five year minimum for 100 grams of heroin, 500 grams of cocaine, or 100 kilograms of marijuana (including other quantities for other drugs).
If you or a loved one have been arrested for or charged with a federal drug offense, it is important that you speak with an experienced New York criminal defense attorney immediately. Their team of former Manhattan prosecutors has successfully defended individuals accused of drug crimes in New York federal courts, earning dismissals in some cases and sentences well below those recommended by the Federal Sentencing Guidelines in others. The attorneys at Galluzzo & Arnone work hard for their clients to ensure that they get the best defense possible. For more information about the various defenses to a federal drug case, and to schedule your free consultation, contact Galluzzo & Arnone at 212-344-5180.