Have law enforcement arrested you for a heroin offense? Don’t leave the outcome of your criminal case to chance. Instead, turn to the dedicated legal team at Federal Criminal Attorneys of Michigan for help. Our attorneys have successfully represented clients facing criminal prosecution in state and federal courts, and lead attorney Sanford Schulman has handled over 4,000 complex federal criminal cases. Contact us today for an initial case review to discuss your legal options and learn how we can leverage our decades of experience on your behalf.
Understanding Heroin Charges
Under federal law, a person commits a crime if they intentionally or knowingly manufacture, distribute, or dispense heroin or possess heroin with intent to manufacture, distribute, or dispense a controlled substance. Similarly, Michigan state law prohibits people from manufacturing, creating, or delivering heroin or possessing heroin with intent to manufacture, create, or deliver a controlled substance or prescription form.
Consequences of a Heroin Conviction
A conviction for possession, distribution, or trafficking of heroin can have devastating consequences for a defendant’s freedom and future. Sentences for heroin convictions can depend on factors like the quantity of heroin possessed by a defendant, whether a defendant has prior drug or violent crime convictions and aggravating factors like whether a person suffered severe injury or death from using the heroin.
A federal conviction for heroin distribution can impose a sentence of up to 20 years in prison, or if severe injury or death results from the use of heroin, a sentence of 20 years to life in prison. However, in cases where a defendant possessed 100 grams or more but less than a kilogram of a mixture or substance containing a detectable amount of heroin, a defendant may face a sentence of five to 40 years in prison, or if severe injury or death results from the use of heroin, a sentence of 20 years to life in prison, 20 years to life in prison. In cases where a defendant possessed a kilogram or more of a mixture or substance containing a detectable amount of heroin, they may face a sentence of 10 years to life or 20 years to life if severe injury or death results from the use of heroin. These sentences can increase for defendants who have prior drug or violent felony convictions. Federal courts can also impose millions of dollars in fines for heroin distribution convictions.
A heroin conviction under Michigan law can impose varying penalties depending on the quantity of heroin attributable to the defendant:
- Less than 50 grams: Up to 20 years in prison, a fine of up to $25,000, or both imprisonment and a fine
- 50 or more grams but less than 450 grams: Up to 20 years in prison, a fine of up to $250,000, or both imprisonment and a fine
- 450 or more grams but less than 1,000 grams: Up to 30 years in prison, a fine of up to $500,000, or both imprisonment and a fine
- 1,000 grams or more: Life imprisonment or a term of years, a fine of up to $1,000,000, or both imprisonment and a fine
A conviction for a heroin offense can also have other long-term consequences, such as disqualification from some government benefits, loss of firearm rights, and a criminal record that can make it challenging for defendants to reintegrate into society after serving their sentences due to limited housing, employment, or educational opportunities.
The potential consequences that a defendant may face if convicted of a heroin offense make it critical to seek legal representation to have the best chance of a favorable result in a criminal case.
Defenses to Heroin Charges
Defendants facing heroin charges may pursue various defenses to contest the prosecution’s case, such as:
- Lack of possession: A defendant may argue that they did not have actual (physical) or constructive (control) possession of the heroin.
- Lack of intent: Defendants facing federal prosecution for heroin distribution may assert that they did not have the culpable state of mind required by the federal statute.
- Unlawfully obtained evidence: Defendants may seek to exclude evidence from the prosecution’s case when investigators conduct a search without a warrant or probable cause or interrogate the defendant without first advising them of their rights.
- Insufficiency of evidence: A defendant may contend that the prosecution’s case lacks sufficient evidence, such as evidence proving that the mixture or substance at issue contains heroin.
How Can Our Lawyers Help You Resolve Your Charges?
When you face prosecution for a heroin charge, let the criminal defense lawyers from Federal Criminal Attorneys of Michigan help you pursue a fair resolution of your case by:
- Investigating your case to obtain all available evidence that can help build a compelling defense
- Evaluating your legal options and potential defense strategies
- Helping you understand the nature of your charges and the potential outcomes so you can make informed decisions at each step of your case
- Vigorously contesting every aspect of the government’s case, including seeking to exclude unlawfully obtained evidence or statements or to dismiss your charges if the prosecution has insufficient evidence to bring you to trial
- Persuasively advocating on your behalf in court and at trial if you choose to fight your charges and maintain your innocence
Remember, the government has considerable resources to pursue a conviction, which could affect your life for years to come. A strong defense is your constitutional right, and Federal Criminal Attorneys of Michigan is ready to provide it.
Contact Our Detroit Drug Crimes Attorney
If you’ve been arrested and charged with a heroin offense, you need experienced, dedicated legal representation to protect your rights, freedom, and future. Contact the Federal Criminal Attorneys of Michigan today for a confidential consultation with a drug defense lawyer to discuss your options for seeking a favorable resolution to your 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.