An Oklahoma drug distribution defense attorney is a criminal defense lawyer who specializes in defending individuals charged with the delivery, transfer, or sharing of a controlled dangerous substance (CDS). Drug distribution involves knowingling or intentionally delivering, transferring, or sharing a controlled dangerous substance (CDS) with another person without being legally authorized to do so. Drug distribution charges and punishments are outlines in 63 O.S. § 2-401. of the Oklahoma statutes. The legal defense for those facing charges of drug distribution include unlawful search and seizure, lack of possession or control, lack of knowledge, and lack of intent.

Laws against the transportation and distribution of Controlled Dangerous Substances (CDS) are designed to protect the public from big time “drug dealers.” Oklahoma law provides serious penalties for unlawfully transporting or distributing illegal drugs, including Life in Prison and fines up to $100,000 dollars.

Because Oklahoma’s drug laws are unique, it is crucial that you get an aggressive, competent, knowledgeable attorney who will fight to ensure you are not unfairly prosecuted. If you or a loved one are facing drug transportation or distribution charges, contact us today for a free consultation. Our experienced attorneys will analyze your case at absolutely no cost to you.

Penalties for Transportation or Distribution of a CDS

In Oklahoma, it is illegal to distribute, transport, or possess drugs with the intent to distribute under 63 O.S. § 2-401. These are felony offenses, and the punishment depends on the type of drug and the person’s criminal history.

For Schedule I or II drugs (such as heroin or cocaine), the offense is generally a Class A2 felony. A first offense is punishable by up to seven (7) years in prison, a fine of up to $10,000, or both. A second offense increases the sentence to up to fourteen (14) years, and a third or later offense can result in up to twenty (20) years in prison.

For marijuana or Schedule III, IV, or V drugs, the offense is generally a Class B1 felony. A first offense is punishable by up to five (5) years in prison, a fine of up to $5,000, or both. A second offense increases the sentence to up to ten (10) years, and a third or later offense can result in up to fifteen (15) years in prison.

All of these offenses are felonies and can result in both prison time and fines, depending on the facts of the case.

What is the Legal Defense for Drug Distribution Charges?

The legal defense for drug distribution charges includes demonstrating a lack of possession or control, lack of knowledge, no distribution or transfer, entrapment, credibility issues with informants, duress or coercion, mistaken identity, insufficient evidence, or an unlawful search and seizure. The legal defenses for fighting drug distribution charges are listed below.

• Lack of possession: arguing the defendant did not have actual or constructive possession of the substance
• Lack of knowledge: showing the defendant did not know about the existence of the substance
• No distribution: arguing that any sale, delivery, or transfer to another person ever occured.
• Entrapment: arguing that law enforcement caused the defendant to commit a crime they didn't mean to commit
• Informant Credibility Issues: attacking the reliability or motives of informants or witnesses
• Duress or Coercion: demonstrating that the defendant committed the act under threat.
• Mistaken Identity: arguing that the defendant was not the person who actually committed the crime.
• Insufficient Evidence: arguing that the State has not met its burden of proof beyond a reasonable doubt.
• Unlawful Search and Seizure: arguing that certain evidence was obtained in violation of the defendants Fourth Amendment rights.

Your rights can quickly erode unless you have the best legal representation available. Phillips & Associates is always available – our phones are answered 24 hours a day. Contact us immediately and ask to speak with one of our highly trained criminal defense attorneys. Our lawyers are experts in drug transportation and distribution defense and will immediately begin working to ensure your Constitutional rights are protected at every step along the way. Individuals facing charges of drug distribution should contact an Oklahoma City drug crimes defense attorney to ensure their constitutional rights are protected.