The rise of fentanyl-related deaths in recent years has motivated law enforcement and prosecutors to vigorously investigate and prosecute defendants charged with fentanyl-related criminal offenses. When you face prosecution for a fentanyl drug crime, you need experienced, dedicated legal counsel to fight for your rights and interests.
Let the legal team at Federal Criminal Attorneys of Michigan help. Our Detroit attorneys have decades of legal experience and a proven record of success in state and federal trial and appellate courts. We know the fear and anxiety you may feel when you face a serious criminal prosecution. That’s why we strive to offer a personal touch and a calm, collected atmosphere to help provide you peace of mind. Contact us today for an initial case review with a knowledgeable criminal defense attorney to discuss your charges and legal options.
Understanding State and Federal Fentanyl Charges
In Michigan and under federal law, fentanyl falls into the category of Schedule II controlled substances, which include drugs that have a high potential for abuse that may lead to severe psychological or physical dependence but also have currently accepted medical uses. However, the federal government has placed many fentanyl-related drugs into Schedule I, the category of drugs that have a high potential for abuse and no currently accepted medical uses.
Under federal law, a person commits an offense if they knowingly or intentionally manufacture, distribute, or dispense a controlled substance or possess a controlled substance with intent to manufacture, distribute, or dispense. Similarly, Michigan law makes it unlawful for a person to manufacture, create, deliver, or possess with intent to manufacture, create, or deliver a controlled substance. A person also may not possess fentanyl or a substance containing fentanyl for personal use without a valid prescription.
Consequences of a Fentanyl Possession, Distribution, or Trafficking Conviction
A conviction for distributing or trafficking fentanyl can impose harsh penalties, depending on the quantity of fentanyl involved, the number of prior drug convictions a defendant has, and whether the case involves other aggravating factors, such as the fentanyl causing another person’s severe injury or death. Under federal law, a fentanyl conviction can impose a sentence of up to 20 years in prison and a fine of up to $1 million. However, if a person dies or suffers severe injury from fentanyl, a defendant may face a sentence of 20 years to life.
A second or subsequent conviction imposes a sentence of up to 30 years in prison and a fine of up to $2 million or life imprisonment if the use of fentanyl causes severe injury or death. A defendant will also face an additional term of supervised release of at least three years (six years for a defendant with a prior conviction).
Under Michigan law, penalties for fentanyl distribution depend on the quantity of drugs involved:
- 1,000 Grams or More – Life imprisonment or any term of years, a fine of up to $1 million, or both
- 450 Grams or More but Less Than 1,000 Grams – Up to 30 years in prison, a fine of up to $500,000, or both
- 50 Grams or More but Less Than 450 Grams – Up to 20 years in prison, a fine of up to $250,000, or both
- Less Than 50 Grams – Up to 20 years in prison, a fine of up to $25,000, or both
A fentanyl conviction can also have other long-term consequences. These include disqualification from some government benefits and a criminal record that can make it challenging for a defendant to obtain housing, educational, or employment opportunities as they reintegrate into society after serving their sentence.
The consequences of a conviction for distribution or trafficking of fentanyl make it critical to have dedicated legal representation who will fight to secure the best outcome under the circumstances of your case.
Potential Defenses to Fentanyl Charges
A person charged with possession, distribution, or trafficking of fentanyl or fentanyl-related substances may have various defenses they might pursue to fight their charges and seek a favorable resolution. Potential defenses our attorneys may pursue in a fentanyl case include:
- Lack of Possession – We may fight fentanyl charges by arguing that the prosecution cannot prove you had actual or constructive possession of the fentanyl.
- Lawful Prescription – If you possess fentanyl or a fentanyl-containing substance, such as transdermal patches, lozenges, or nasal spray, we may present your valid prescription for the drug as a defense to a drug possession charge.
- Lack of Intent – If you face charges of possession of fentanyl with intent to distribute, we may argue that you had no intent to sell, distribute, or deliver the fentanyl found in your possession.
- Unlawful Search or Interrogation – We may seek to exclude evidence from the prosecution’s case by arguing that investigators obtained it in a search conducted without probable cause.
- Lack of Proof of Identity of Substance – We may argue that the prosecution lacks evidence to prove the identity of the substance or material they seized, either due to a lack of laboratory testing, unreliable testing methods, or breaks in the chain of custody of the evidence.
How Can a Criminal Defense Attorney Help with Your Fentanyl Case?
If prosecutors have charged you with a fentanyl drug offense, don’t leave the outcome of your case to chance. Let the legal team at Federal Criminal Attorneys of Michigan fight to secure a favorable result in your case. We’ll investigate the charges to recover evidence that can help your defense, identify potential case strategies, explain your charges to you, provide advice to help you make informed decisions, and vigorously contest the prosecution’s case, even if that means going to trial.
Contact Federal Criminal Attorneys of Michigan to Discuss Your Options
Let Federal Criminal Attorneys of Michigan provide the highly experienced legal representation you need to protect your rights, reputation, and future when facing charges of possessing, distributing, or trafficking fentanyl or related drugs. Contact us today for a confidential consultation to learn more about your legal options for seeking a favorable resolution to your fentanyl charges.
Federal Criminal Attorneys of Michigan, based in Detroit, also assists clients with criminal defense in Lansing, Grand Rapids, Ann Arbor, Flint, and all of Michigan.