Wednesday, 9 April 2014

Federal Sentencing Guidelines for Drug Possession

The American government has been serious in its anti-drug crusade ever since the 1970s. This was just after the excesses of the 60s when society was just coming to terms with the darker side of drug addiction. A federal drug charge is a serious criminal matter. Crimes under federal law can carry more preponderant penalization than under state law, with numerous sentence enhancing factors and no possibility of parole. They require a great deal of review and preparation.

If you are apprehended or charged with a federal drug crime, be it distribution, manufacture, or possession, it is important to call an experienced federal defense attorney experienced with representing drug cases in your state. Drug trafficking incurs harsh penalties predicated on federal law makes it illicit to intentionally or knowingly distribute controlled drug substances such as marijuana, cocaine, methamphetamine, oxycodone, heroin or crack.


Punishment for a federal drug crime is determined by the Federal Sentencing Guidelines, a complex system that takes into account and gives weight to various factors of the case and the accused. The two primary factors are the conduct associated with the offense and the defendant's prior criminal history, if any.

The punishment for drug possession depends on the amount seized. There are indispensable minimums set by the federal statutes governing drug malefactions, though prosecutors may seek any sentencing up to the maximum penalty possible or a sentence within the Federal Sentencing Guidelines - that is where the importance of legal representation comes in. The general sentence of 10 years to life will be given for one or more kilograms of heroin, 10 or more grams for Lysergic Acid Diethylamide (LSD), 1,000 or more kilograms of marijuana, 5 or more kilograms of cocaine, and 50 or more grams of methamphetamine.


The Federal Sentencing Guidelines for drug trafficking impose both minimum and maximum penalties for those convicted of a drug trafficking crime. Factors that influence penalties for drug possession – aside from indispensable minimum sentences – include the defendant's past record, the amount and type of drug. Some states have efficaciously decriminalized possession of marijuana, making it a simple infraction (not unlike a traffic ticket), while possession of crack cocaine once carried the most astringent penalties in most states. Depending on a given state's sentencing rules, judges have a certain degree of discretion and can impose sentences ranging from fines, community service and probation to lengthy prison sentences.

If you are dealing with a drug offense in New Jersey, then contact Joel Silberman. He assists individuals who have been convicted with a drug offense in federal court.

Contact Details

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Disclaimer: The contents of this page are general in nature. Please use your discretion while following them. The author does not guarantee legal validity of the tips contained herein.
Joel Silberman: Criminal Defense Attorney and Jersey City lawyer Joel Silberman focuses exclusively on Criminal Defense. Some of Joel’s most notable Adult and Juvenile cases involved charges related to Homicide, Gun Offenses, Aggravated Sexual Assault, Trafficking Narcotics, Fraud and Aggravated Assault. Call Joel at 201-273-7070 or Toll Free: 800-889-3129 or send e-mail at Office is located at 549 Summit Ave, Jersey City, NJ 07306. Visit for more information.

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