Felony Drug Crime Mandatory Sentences
Harrisburg/York PA Felony Drug Crimes Defense Attorney
In Pennsylvania, mandatory minimum prison sentences could apply to accusations of Drug Delivery or Possession With the Intent to Deliver depending on:
- the drug (cocaine v. heroin v. marijuana);
- the weight of the drug;
- the location of the transaction or arrest; and/or,
- whether a gun was possessed or in close proximity to the drugs at the time of the transaction or arrest.
Weight-Based Mandatory Sentences
Weight-based mandatory minimum sentences are what they say they are — a mandatory minimum sentence of incarceration based upon the weight of the drug. Additionally, the applicable mandatory minimum sentences can escalate based upon the type of drug, prior convictions for drug delivery, and increased weight.
For example, if you were convictedof selling 3 grams of cocaine to an undercover cop and had never been convicted of drug delivery before, you could face a one (1) year mandatory minimum state prison sentence. In this example, even if you had a clean record your entire life, it could result in 1- 2 years or more in state prison.
Youth/School Zone Mandatory Sentences & Enhancements
In addition to the risks of a potential weight mandatory, a person accused of Drug Delivery or Possession with Intent to Deliver could face a School Zone Mandatory based upon the location of the sale. In PA, if a drug delivery occurs or drugs are possessed with the intent to deliver within 1000 feet of school property, you could face a mandatory minimum 2 year state prison sentence even if you have no prior drug convictions or prior criminal record.
Moreover, Youth/School Enhancements may apply under the same circumstances of a School Zone Mandatory. Ultimately, if drugs are sold or possessed with the intent to sell them within 1000 feet of school property, the standard penalties you would face for a drug transaction outside of a school zone could be increased by 12 to 36 months in a state penitentiary for a transaction within a School Zone. Additionally, if it is alleged that the drugs were sold to a minor, this same School Zone Enhancement could be applied.
Drug & Gun Mandatory Sentences
A Drug & Gun Mandatory Minimum Sentence is triggered by the possession or presence of a firearm in close proximity at the time of the drugs were sold or possessed with the intent to deliver. If sufficient evidence exists for a conviction and to show that a gun was possessed or in close proximity during the commission of the offense, a 5 year mandatory minimum state prison sentence could be imposed. If such minimum sentence was imposed, it would result in a minimum prison term of at least 5 to 10 years in a state facility.
Don’t Let Perception Become Your Reality
Just because you have been accused of a Felony Drug Crime under circumstances that subject you to a mandatory minimum sentence does not mean that this threat needs to become reality. Before the prosecution’s perception of their case against you becomes your reality, align yourself with professional and aggressive counsel that will take the time to appreciate the gravity of your problem from both a legal and personal level.
Our Felony Drug Crimes Lawyer understands that you need a thorough evaluation of your rights and options when you face a mandatory minimum prison sentence and your back is against the wall. We are experienced in conducting a detailed analysis of drug cases to determine whether any defenses or constitutional violations are present to exploit through the litigation and negotiation processes.
Was there an illegal search and seizure violating your constitutional rights? You want to know…and so do we.
When you have been accused of a Felony Drug Crime, you find yourself in a difficult position. When the accusations implicate Felony Drug Mandatory Minimum Sentences, the risks and consequences you face immediately and substantially increase.
Our Drug Crimes Defense Attorney understands that it must feel like your life is on the line. The life you enjoyed personally or collectively with your family and friends is in jeopardy. We wouldn’t want to lose it all without a concerted effort to obtain the best possible result and neither should you.
To schedule a free initial, phone consultation, please contact our office at 1-800-615-0115 or contact us online.
The Law firm of Colgan & Associates, LLC proudly serves clients throughout Central and South Central Pennsylvania including, but not limited to, Harrisburg, York, Hershey, Camp Hill, Carlisle, Mechanicsburg, Shippensburg, Gettysburg, Cumberland County, Dauphin County, York County, Adams County, Perry County, Mifflin County, and Juniata County.
Contact the Dauphin, York, and Cumberland County Criminal Defense Law office of Colgan & Associates, LLC today.