DRUG TRAFFICKING
Drug Trafficking Lawyer
Recent Success Cases
Drug Trafficking
Result: Dismissal
Court: Magistrate's Court
Complainant: Police
Accusation: Crime of drug trafficking causing serious damage to health
Drug Trafficking
Result: Dismissal
Court: Magistrate's Court
Complainant: Police
Accusation: Crime of drug trafficking causing serious damage to health
The crime of drug trafficking and drug smuggling
Lawyers Drug Trafficking
This crime is typified in article 368 of the Penal Code and, unlike most crimes, the protected good is a collective good and not an individual one, the public, collective and community health.
It condemns those who elaborate, cultivate, traffic, or simply promote or facilitate the illegal consumption of toxic drugs, narcotics or psychotropic substances, as well as those who possess them for the same purpose.
The intention of the person responsible for this crime, i.e., malice, is evident. The accused of a drug trafficking crime acts with a clear profit motive, to obtain a benefit thanks to the trafficking, processing or cultivation of these drugs.
The legal right protected by a drug trafficking crime
Explained by our Lawyers experts in Drug Trafficking Crime
As we have commented above, this crime is characterized by the fact that the protected good is a collective good, the health of society, since drug trafficking directly affects the health, mental and physical, of each of the people who consume them. The illegality of these drugs is due precisely to the harm they cause to consumers, in addition to their addictive nature.
What conduct is illegal in a drug trafficking crime?
Our Drug Trafficking and Drug Trafficking Attorneys analyze them.
Next, we will analyze each of the punishable conducts of this crime.
Cultivation, Elaboration or Trafficking
Drug cultivation consists of the planting and harvesting of materials from which illegal drugs can be manufactured. Processing is the set of mechanical or chemical processes in which a drug is obtained as a product.
Drug trafficking is the typical conduct of this crime, consisting of the purchase or possession of illegal drugs, or controlled substances for subsequent sale, with the objective of obtaining a profit. In other words, the trafficker is an intermediary between the processing of the drug and the consumers.
Promoting, favoring or facilitating
This modality includes the set of behaviors that facilitate or promote the consumption of illegal drugs through actions such as the gift of drugs or donations.
Possession
Within this modality are all those who have illegal drugs in their possession with the objective of trafficking them, causing harm to society. What determines the existence of a crime is the purpose of this possession, therefore, the possession of drugs for personal consumption is excluded from this conduct.
What is the penalty for a drug trafficking crime?
Our Criminal Lawyer expert in Drug Trafficking and Drug Trafficking explains it to us
Obviously, the penalty for this crime will depend on the type of drug involved, since some drugs cause greater harm than others.
For those drugs that cause serious damage to health, the penalty imposed will be three to six years imprisonment and a fine of three times the value of the drug. This group includes trafficking in heroin, cocaine or amphetamines.
For the remaining cases, i.e. for softer drugs such as hashish, the penalty will be a fine of twice the value of the drug.
Drug trafficking is a serious crime whith drug lengthy prison sentences and costly fines. Law enforcement and prosecutors are extremely hard with theses crimes. A conviction can have a dramatic effect on your life, even if you are a first time offender. That is why it is very important to have a good drug trafficking defense attorney from the beginning of the procedure.
Extenuating circumstances for drug trafficking
There are a series of conditions that, according to Criminal Law, can be considered as extenuating circumstances in the trial of this crime:
- When the amount of drug intercepted in the crime does not exceed or is close to the minimum psychoactive limits for that drug.
- The smaller the quantity, the lesser the seriousness of the crime.
- If the individual situation of the accused reveals that the crime has been committed without notable intent to cause harm to others, as for example when an addict traffics in order to satisfy his addiction.
- It can also be considered as a mitigating factor if it is a first offense and the defendant has no prior record.
The penalty for the attenuated form of drug trafficking is from one year and six months to three years less one day of imprisonment and a fine of three times the value, in the case of very harmful drugs, and imprisonment from six months to one year less one day and a fine of one to two times the value of the drug for the rest of the case.
The crime of drug trafficking is punishable by many years of imprisonment and economic fines, even in its most reduced version, the minimum penalty for drug trafficking without a prior record is imprisonment from six months to one year less one day and a fine from six months to one year less one day and a fine of one to two times the value of the drug.
At Esteban Criminal Lawyers we are specialists in drug trafficking and we have professionals with great technical knowledge to offer you specialised assistance.
Aggravating circumstances for drug trafficking
In addition to the penalties mentioned above, this crime may be considered as aggravated when any of the following circumstances are present:
- When the accused is a public official, facultative, teacher or authority.
- When the person responsible belongs to other criminal organizations.
- If the crime takes place in an establishment open to the public and is carried out by those responsible for it.
- When the accused is a public official, faculty member, teacher or authority.
- When the person responsible belongs to other criminal organizations.
- If the crime takes place in an establishment open to the public and is carried out by those responsible for it. Also when it takes place in educational, military, penitentiary or rehabilitation centers.
- If the amount of drugs seized is very relevant.
- When the drug trafficking is destined to minors or people in vulnerable situations.
- When the drugs being trafficked have been mixed with other substances, thus increasing the damage caused.
- When for the consummation of the crime the accused resorts to violence or the use of weapons.
The penalty imposed in the aggravated subtype will be six years and one day to nine years imprisonment and a fine of four times the value, when the drugs are especially harmful to health, and in other cases, imprisonment of three years and one day to four years and six months together with a fine of four times the value.
If you are facing drug trafficking charges, contact our criminal defense firm, as lawyers specializing in Drug Trafficking we will offer you the experience that your case needs.
Drug trafficking by criminal organizations
Drug trafficking is also considered an aggravated felony when it is carried out by criminal organizations.
If the criminal act is committed by an organization, but not by its leading members, the penalties imposed are:
- Imprisonment of nine to twelve years and a fourfold fine if it involves drugs that cause serious damage to health.
- Imprisonment of four years and six months to ten years and a fourfold fine for other drugs.
When the crime is committed by those responsible or in charge of a criminal organization, the penalties imposed shall be as follows:
- When they cause serious damage, imprisonment from twelve and one day to eighteen years and a fourfold fine.
- When they do not cause serious damage to health, imprisonment from ten years and one day to fifteen years and a fine of four times the value of the drug.
Our Law Firm is an expert in Drug Trafficking and Drug Trafficking Trials. Numerous favorable sentences endorse our work and deep knowledge of Criminal Law.
Amounts to consider self-consumption or drug trafficking.
The Supreme Court takes as a reference a table elaborated by the National Institute of Toxicology, in which the average doses of daily consumption and the quantities of notorious importance are indicated.
These amounts are simple references and can be questioned in each case.
Minimum psychoactive dose
The minimum psychoactive dose is the minimum quantity of a chemical substance that has an effect on the organism and determines the limit between typicality and atypicality.
Average consumption dose
The table shows the amounts that a regular consumer usually acquires for himself for 5 days.
It is important to note that the mere possession of drugs by itself does not constitute a crime as long as it is not intended for illegal trafficking, although it is necessary to distinguish whether the possessor is a habitual consumer or a sporadic one.
- In the case of a habitual consumer, if quantities lower than those indicated in the table are found, it is understood, provided that there are no other indications, that they may be for self-consumption, for which a financial penalty will be imposed, but not a criminal conviction.
If such amount is exceeded, the offense will automatically become drug trafficking. Likewise, if a small amount is destined for trafficking, whatever it may be, it is considered a drug trafficking offense.
- However, if you are not a habitual drug user, these limits do not apply and whatever amount is found, you could be convicted of this offense.
The percentage of purity is also considered important in determining whether or not an offense exists.
Amounts of notorius importance
Quantities of notorious importance are considered to be those quantities that exceed the limits indicated in the table. It is punished with high prison and economic penalties; in case of soft drugs (cannabis) a prison sentence of 3 years to 4 years and 6 months, and in case of hard drugs (cocaine, amphetamines, heroin, morphine) from 6 to 9 years, in both cases, a financial penalty of four times the value of the drug will also be imposed.