Facing Federal Conspiracy Charges?
Don’t let a federal drug conspiracy charge in New Jersey define your future. Secure your best defense with The Law Offices of Jonathan F. Marshall federal conspiracy lawyers. We offer over 200 years of combined experience, a team of specialized criminal defense attorneys, including seven former prosecutors, numerous accolades, and one of the rare attorneys Certified as a Criminal Trial Attorney by NJ Supreme Court. Trust the legal team that goes beyond expectations. Call a federal drug conspiracy attorney today at (877) 534-7338 or contact us online.
Being charged with attempting or conspiring to commit a federal drug offense can be a serious matter. It’s essential to have a clear understanding of the federal law and its implications. Below, we’ll break down Section 846 of Title 21, specifically under the US Code’s Chapter 13 on Drug Abuse Prevention and Control.
Federal Law On Conspiracy
Section 846 is a legal provision that addresses the consequences of attempting or conspiring to commit an offense defined in Title 21. The purpose of Section 846 is to ensure that individuals who engage in the preparation, planning, or collaboration to commit drug offenses face penalties, even if the offense itself is not completed. The law recognizes that the attempt or conspiracy to commit a drug offense poses a threat to public health and safety.
Attempts And Conspiracies
Attempt
An attempt refers to the act of trying or intending to carry out a specific offense. It involves taking concrete steps towards committing the offense but falling short of completing it. For example, if someone plans to sell illegal drugs but is caught before the actual sale occurs, they can still be charged with an attempt to commit a drug offense.
To prove an attempt, the prosecution must typically establish two key elements: the specific intent to commit the offense and a substantial step towards its completion. The substantial step requirement ensures that mere preparation or preliminary acts are not sufficient to constitute an attempt.
Conspiracy
Conspiracy involves an agreement between two or more people to commit a crime. In the context of federal drug offenses, it means that individuals plan, agree, or conspire to engage in illegal drug-related activities. This could include activities such as manufacturing drugs, distributing them, or participating in drug trafficking.
Unlike an attempt, a conspiracy charge does not require an actual act in furtherance of the crime. The agreement itself is sufficient to support a conspiracy charge. However, the prosecution must demonstrate that the individuals involved knowingly and willingly agreed to pursue the unlawful objective.
Penalties For Attempting Or Conspiring
Section 846 establishes that the penalties for attempting or conspiring to commit a federal drug offense are the same as those for the offense itself. This means that if a person is found guilty of attempting or conspiring to commit a drug offense, they can face the same consequences as if they had successfully carried out the offense they were planning or agreeing to.
The specific penalties for federal drug offenses can vary depending on several factors, including the type and quantity of drugs involved, the individual’s criminal history, and the circumstances of the case. These penalties may include imprisonment, fines, asset forfeiture, or a combination of these.
It’s important to note that federal drug offenses can carry significant penalties, often involving lengthy prison sentences and substantial fines. In addition to the criminal consequences, individuals may also face collateral consequences such as damage to their reputation, loss of employment opportunities, and restrictions on certain rights and privileges.
Federal Drug Distribution / Manufacturing / Possession With Intent To Distribute Penalties
Section 841 of the same code addresses prohibited acts related to controlled substances. Subsection (a) outlines the unlawful acts, which include manufacturing, distributing, dispensing, or possessing with intent to dispense, distribute, or manufacture a controlled substance. It also covers creating, distributing, or possessing with intent to distribute or dispense a counterfeit substance.
Subsection (b) of Section 841 specifies the penalties for violating subsection (a). The severity of the penalties depends on the specific circumstances and the quantity of drugs involved. Let’s break down the penalties based on the quantities mentioned in the statute:
Penalties For Large Quantities
Offenses involving 1 kilogram or more of heroin, 5 kilograms or more of cocaine or coca leaves, or 280 grams or more of cocaine base (crack cocaine) can lead to a minimum sentence of 10 years up to life imprisonment. If death or serious bodily injury results from the use of these substances, the penalty increases to a minimum of 20 years up to life imprisonment.
Offenses involving 100 grams or more of phencyclidine (PCP) or 1 kilogram or more of a mixture containing PCP, 10 grams or more of lysergic acid diethylamide (LSD), 400 grams or more of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide (fentanyl), or 50 grams or more of methamphetamine can also result in a minimum sentence of 10 years up to life imprisonment. If death or serious bodily injury results from the use of these substances, the penalty increases to a minimum of 20 years up to life imprisonment.
Offenses involving 1,000 kilograms or more of marijuana, or 1,000 or more marijuana plants regardless of weight, can lead to a minimum sentence of 10 years up to life imprisonment. If death or serious bodily injury results from the use of these substances, the penalty increases to a minimum of 20 years up to life imprisonment.
Offenses involving 50 grams or more of methamphetamine or 500 grams or more of a mixture containing methamphetamine can result in a minimum sentence of 10 years up to life imprisonment. If death or serious bodily injury results from the use of these substances, the penalty increases to a minimum of 20 years up to life imprisonment.
Penalties For Lesser Quantities
Offenses involving 100 grams or more of heroin, 500 grams or more of cocaine or coca leaves, or 28 grams or more of cocaine base (crack cocaine) can lead to a minimum sentence of 5 years up to 40 years imprisonment. If death or serious bodily injury results from the use of these substances, the penalty increases to a minimum of 20 years up to life imprisonment.
Offenses involving 10 grams or more of phencyclidine (PCP) or 100 grams or more of a mixture containing PCP, 1 gram or more of lysergic acid diethylamide (LSD), 40 grams or more of N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl] propanamide (fentanyl), or 5 grams or more of methamphetamine can result in a minimum sentence of 5 years up to 40 years imprisonment. If death or serious bodily injury results from the use of these substances, the penalty increases to a minimum of 20 years up to life imprisonment.
Offenses involving 100 kilograms or more of marijuana, or 100 or more marijuana plants regardless of weight, can lead to a minimum sentence of 5 years up to 40 years imprisonment. If death or serious bodily injury results from the use of these substances, the penalty increases to a minimum of 20 years up to life imprisonment.
Offenses involving 5 grams or more of methamphetamine or 50 grams or more of a mixture containing methamphetamine can result in a minimum sentence of 5 years up to 40 years imprisonment. If death or serious bodily injury results from the use of these substances, the penalty increases to a minimum of 20 years up to life imprisonment.
Enhanced Sentencing
Section 841 also addresses penalties for prior convictions of serious drug felonies or serious violent felonies, which can lead to enhanced sentencing, resulting in longer terms of imprisonment.
Talk To A Lawyer
Understanding federal conspiracy laws is crucial for anyone facing charges related to attempting or conspiring to commit a federal drug offense. It’s essential to consult with an experienced criminal defense attorney who can provide guidance and ensure that your rights are protected.
If you find yourself in such a situation, it’s crucial to seek legal advice promptly to navigate the complexities of the law effectively. A skilled attorney will be able to evaluate the specific circumstances of your case and provide tailored guidance to help you achieve the best possible outcome.
Defenses In Drug Conspiracy Cases
When facing a charge under federal drug law (Section 846 of the United States Code, which addresses attempt and conspiracy in federal drug offenses), several defenses may be available. It’s important to consult with a qualified attorney who specializes in criminal defense to discuss the specifics of your case and determine the most appropriate defense strategy. Here are some common defenses that can potentially be used:
Lack Of Intent
To establish an attempt or conspiracy charge, the prosecution must prove that the defendant had the specific intent to commit the underlying offense. A defense strategy could focus on demonstrating that the defendant lacked the intent to engage in the criminal activity. For example, if there is no evidence of explicit agreement or active participation in the alleged conspiracy, the defense may argue that the defendant had no intention to commit the offense.
Lack Of Knowledge
The defense may argue that the defendant was unaware of the criminal nature of the activity or the involvement of others in the conspiracy. Lack of knowledge about the existence or scope of the conspiracy can weaken the prosecution’s case.
Mere Presence
Mere presence at the scene of the alleged conspiracy or association with individuals involved in illegal activities may not be sufficient to establish guilt. The defense can argue that the defendant was merely present without active participation or knowledge of the conspiracy.
Entrapment
If federal law enforcement officers induced or coerced the defendant into committing the offense, an entrapment defense may be raised. Entrapment occurs when the government’s actions lead a person to commit a crime they would not have otherwise committed.
Withdrawal
If the defendant initially participated in the conspiracy but voluntarily withdrew before the completion of the illegal act, they may argue that they should not be held liable for the conspiracy charge. However, it is essential to establish a clear and unequivocal withdrawal by taking affirmative steps to disassociate from the conspiracy.
Lack Of Evidence
Mounting a challenge to the prosecution’s evidence is a common defense tactic. This could involve questioning witnesses’ credibility, challenging the reliability of surveillance or wiretap evidence, or raising doubts about the chain of custody of seized drugs.
Constitutional Violations
If the defendant’s constitutional rights were violated during the investigation, arrest, or gathering of evidence, it may be possible to challenge the admissibility of that evidence. Common violations may include unlawful search and seizure or Miranda rights violations.
FAQ
What Constitutes An Attempt Under Section 846?
An attempt occurs when a person takes substantial steps towards the commission of a drug offense but falls short of completing the crime. To establish an attempt, the prosecution must demonstrate that the individual had the specific intent to commit the offense and engaged in acts that were more than mere preparation.
What Constitutes A Conspiracy Under Section 846?
Conspiracy refers to an agreement between two or more individuals to commit a drug offense. In the context of Section 846, the agreement can be either explicit or implied, and the individuals involved must have a shared intent to achieve the unlawful objective.
What Are The Penalties Under Section 846?
Section 846 states that any individual who attempts or who conspires to carry out an offense defined in the law will face the penalties for the offense itself. The specific penalties depend on the offense being attempted or conspired, as outlined in the relevant provisions of Title 21.
Do Attempts And Conspiracies Carry The Same Penalties As Completed Offenses?
Yes, under Section 846, attempts and conspiracies are treated the same as completed offenses. This means that the penalties for attempts or conspiracies can be just as severe as those for the underlying offense that was the objective of the attempt or conspiracy.
What Defenses Can Be Used Against A Charge Under Section 846?
Several defenses may be applicable, including lack of intent, lack of knowledge, mere presence, entrapment, withdrawal from the conspiracy, lack of evidence, and constitutional violations. The availability of these defenses depends on the specific circumstances of the case and should be discussed with a criminal defense attorney.
Is A Conviction Under Section 846 Automatic If There Is Evidence Of An Attempt Or Conspiracy?
No, a conviction is not automatic. The prosecution bears the burden of proving the defendant’s guilt beyond a reasonable doubt. It is essential for the prosecution to establish all elements of the offense, including intent, agreement, and substantial steps towards the commission of the offense.
Can Someone Be Charged With Both Attempt And Conspiracy Under Section 846?
Yes, it is possible for an individual to be charged with both attempt and conspiracy if there is evidence to support both allegations. The charges would reflect the different stages of the criminal conduct—attempt for the substantial steps taken towards the offense and conspiracy for the agreement to commit the offense.
What Is The Statute Of Limitations For Offenses Under Section 846?
The statute of limitations for offenses under Section 846 is generally five years. However, there are exceptions and circumstances that can extend or toll the statute of limitations, depending on the specific facts of the case and applicable laws. It is important to consult with a criminal defense attorney to determine the relevant statute of limitations in a particular situation.
Federal Drug Conspiracy Charges
Facing a federal drug conspiracy prosecution in New Jersey can be an overwhelming experience. It can lead to severe consequences that could dramatically alter the course of your life. That is why you need the legal representation of The Law Offices of Jonathan F. Marshall. Our formidable team of 11 devoted criminal defense attorneys has over 200 years of combined experience in handling such high-stakes cases, including in federal court. Among us are seven former prosecutors, four of whom have held directorial positions with the Drug, Gang, and Gun Task Force, Major Crimes Division, Trial Division, and Juvenile Division, giving us unique insight into the tactics of your opposition.
Our attorneys have received various accolades, with multiple selections to the National Trial Lawyers Top 100 or Top 40 Under 40, and two of our lawyers recently named Super Lawyers Rising Stars 2021 in New Jersey, a distinct honor given to only 2.5% of attorneys in the state. Also, we have an attorney certified by the NJ Supreme Court as a Criminal Trial Attorney, a prestigious distinction that happens to be held by less than one percent of criminal lawyers in the state. When you need a law firm that combines knowledge, experience, and an unwavering commitment to your defense, contact The Law Offices of Jonathan F. Marshall at (877) 534-7338 or reach us online.
Learn more about state and federal drug offenses in New Jersey.
