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Regular Phoenix DUI or DWI

A regular DUI is considered driving with a BAC of 0.08-0.14% or driving with a controlled substance in your bloodstream.

Penalties include:

  • Undergoing a substance abuse screening assessment;
  • Completing substance abuse treatment program;
  • Serving 10 consecutive days in jail and payin g jail costs;
  • An additional 9 days in jail will be suspended if the substance abuse program is completed;
  • $250 fine plus any surcharge;
  • $500 State Prison Construction and $500 State General Fund payments.

Gun Crime Lawyer in Gilbert, Arizona

If you or someone you know is facing a charge under 18 U.S.C. § 924(c) for possession of a firearm in furtherance of a drug trafficking offense, you are dealing with a serious federal criminal charge.

What Is 18 U.S.C. § 924(c)?

Under 18 U.S.C. § 924(c), it is illegal for an individual to possess a firearm in furtherance of a drug trafficking offense. In simpler terms, if you are involved in the unlawful sale, distribution, or manufacturing of drugs, and you possess a firearm that's connected to that activity, you could be charged under this federal statute.

This law applies whether you use the firearm for protection during the drug transaction, are involved in trafficking activities, or are simply found in possession while committing a drug-related crime. Even if the gun was not used or brandished, merely possessing a weapon with the intent to facilitate or further a drug crime can result in severe charges.

How Does 18 U.S.C. § 924(c) Apply?

  • Carrying a firearm during drug trafficking: If you are transporting drugs and possess a firearm during the operation.
  • Possessing a firearm while conducting drug sales: Using the weapon as a means of protection, intimidation, or to facilitate the drug transaction.
  • Possession of firearms in drug-related locations: If law enforcement discovers firearms in places where drug trafficking is taking place, such as stash houses or vehicles used for drug distribution.

Even if you do not discharge the firearm, the mere possession of a weapon during a drug trafficking offense can lead to federal charges under 18 U.S.C. § 924(c).

Judge reviewing documents in court

Arizona State Laws to Consider

In addition to federal charges, Arizona state laws may come into play if the drug trafficking offense or firearm possession is occurring within the state. Arizona has strict gun laws that can also carry penalties for illegal possession, transportation, and sale of firearms, especially if the firearm is used in connection with other criminal activity. For example:

  • A.R.S. § 13-3102: This law criminalizes the illegal possession of firearms and other weapons, which could be used in combination with drug trafficking activities, leading to charges under both federal and state laws.
  • Drug Trafficking Charges: Arizona's drug laws, particularly under A.R.S. § 13-3408, could enhance penalties if a firearm is involved in the commission of a drug offense.

Penalties for Possession of a Firearm in Furtherance of a Drug Trafficking Offense

  • Mandatory minimum sentence: 5 years in federal prison for the first offense. If the firearm is discharged, the sentence increases to 10 years.
  • Enhanced penalties: Prior convictions for drug or firearm offenses may lead to longer sentences.
  • No parole: Sentences under 18 U.S.C. § 924(c) must be served in full.
  • If your case involves violence or large-scale drug trafficking, your penalties may be even more severe.
Judge reviewing documents in court

Possible Defenses Against 18 U.S.C. § 924(c) Charges

  • Lack of knowledge or intent: If you were unaware of the firearm's presence or did not intend to use it in connection with drug trafficking.
  • Unlawful search and seizure: If law enforcement violated your constitutional rights during the arrest or search, evidence may be inadmissible.
  • Insufficient evidence of connection: Prosecutors must prove the firearm was directly linked to the drug trafficking activity.

Why Choose Brandon White for Your Defense?

At The Law Offices of Brandon White, we understand the complexity and severity of federal charges like those under 18 U.S.C. § 924(c). As one of the few Arizona law firms experienced in handling both state and federal criminal defense, we are uniquely equipped to tackle these cases with the expertise they require.

With over 20 years of legal experience, we've successfully defended clients against serious federal and state criminal charges, using aggressive and strategic defense tactics. Our team is committed to:

  • Thoroughly investigating your case and challenging the evidence against you.
  • Negotiating with prosecutors to reduce charges or seek alternative resolutions.
  • Providing aggressive representation in federal court to protect your rights and secure the best possible outcome.

In 2023, 2,864 people were sentenced to prison under 18 U.S.C. § 924(c). Our goal is to eliminate or minimize the potential penalties you or your loved one receive.

Contact Us Today for a Free Consultation

A charge like 18 U.S.C. § 924(c) can be overwhelming, but you don't have to navigate it alone. The Law Offices of Brandon White are here to fight for your rights. Contact us today for a free consultation and take the first step toward defending your future.

Understanding Federal Drug Trafficking Laws

Under 21 U.S.C. § 841, it is illegal to manufacture, distribute, or possess with intent to distributea controlled substance. The quantity of the drugs, the type of substance, and prior criminalhistory all play a role in determining sentencing.

The federal government does not require proof that a sale took place. If prosecutors can showthat you had large quantities of a controlled substance or drug-packaging materials, they canpursue trafficking charges.

Common Drug Trafficking Charges Include:

  • Possession with intent to distribute
  • Manufacturing a controlled substance
  • Conspiracy to distribute drugs
  • Importation of drugs across state or international borders
  • Operating or owning property used for drug manufacturing or trafficking Even first-time offenders face mandatory minimum sentences if convicted under federal drug laws.

Federal Drug Trafficking Penalties

Federal sentencing for drug trafficking is harsh, with mandatory minimums based on the typeand quantity of drugs involved.

Mandatory Minimum Sentences For Federal Drug Trafficking

Cocaine (500g or more):

First Offense: 5-40 years

Second Offense: 10 years - life

Cocaine (5kg or more):

First Offense 10 years - life

Second Offense: 20 years - life

Methamphetamine (5g or more):

First Offense: 5-40 years

Second Offense: 10 years - life

Methamphetamine (50g or more):

First Offense: 10 years - life

Second Offense: 20 years - life

Fentanyl (40g or more):

First Offense: 5-40 years

Second Offense: 10 years - life

Fentanyl (400g or more):

First Offense: 10 years - life

Second Offense: 20 years - life

Additional Consequences of a Federal Drug Trafficking Conviction

  •  Fines of up to $10 million (for individuals) or $50 million (for organizations
  • Forfeiture of assets linked to drug activity
  • Loss of professional licenses and future employment opportunities
  • Ineligibility for federal benefits, including student loans
  • Deportation for non-U.S. citizens

If death or serious bodily injury results from the drug trafficking offense, a life sentence ismandatory under federal law.

Arizona Drug Trafficking Laws

In Arizona, drug trafficking offenses are treated with utmost severity, reflecting the state'scommitment to combating drug-related crimes. The Arizona Revised Statutes (A.R.S.) outlinespecific provisions and penalties associated with these offenses.

Definition of Drug Trafficking

Under A.R.S. § 13-3408(A)(7), an individual can be charged with drug trafficking if theyknowingly:

  • Transport for sale
  •  Import into Arizona
  • Offer to transport for sale or import into Arizona
  • Sell or offer to sell
  • Transfer or offer to transfer a narcotic drug

Classification and Penalties in Arizona

Drug trafficking offenses are generally classified as Class 2 felonies in Arizona. The penaltiesvary based on the type and quantity of the drug involved and the defendant's prior criminalhistory

● Standard Sentencing for Class 2 Felony:

  •  Minimum: 4 years
  • Presumptive: 5 years
  • Maximum: 10 years

● Offenses Involving Methamphetamine:

  • Minimum: 5 years
  • Presumptive: 10 years
  • Maximum: 15 years

● Prior Methamphetamine-Related Convictions:

  • Minimum: 10 years
  • Presumptive: 15 years
  • Maximum: 20 years

Threshold Amounts in Arizona

Arizona law specifies threshold amounts for certain drugs, above which enhanced penaltiesapply. Possessing more than these amounts can lead to mandatory prison sentences withoutthe possibility of probation or parole:

  • Heroin: 1 gram
  • Cocaine: 9 grams
  • Methamphetamine: 9 grams
  • Marijuana: 2 pounds

Defending Against Federal Drug Trafficking Charges

Federal prosecutors have vast resources and aggressively pursue drug cases. However, askilled federal defense attorney can help you build a defense against the state's case. Somedefenses include:

Illegal Search and Seizure: Evidence could be suppressed if law enforcement violated your Fourth Amendment rights during the investigation.

Entrapment: If law enforcement coerced or pressured you into committing a crime you wouldnot have otherwise committed, your case may be dismissed.

Chain of Custody Issues: If the prosecution cannot prove the drugs belonged to you due tomishandling of evidence, the case may be weakened.

Coerced Confession: If law enforcement violated your Miranda rights or used coercion to forcea confession, that statement may be inadmissible in court.

Why You Need an Experienced Federal Drug TraffickingAttorney

A federal drug conviction can destroy your future, but with the right defense strategy, you maybe able to reduce or even dismiss the charges against you.

At The Law Offices of Brandon White, we provide:

Aggressive Defense: We challenge every piece of evidence against you.

Federal Court Experience: We understand federal drug laws, sentencing guidelines, and howto negotiate with prosecutors.

Personalized Legal Strategy: Every case differs, and we tailor our defense to fit your situation.

Trial-Ready Representation: We fight to win if your case goes to trial.

If you or a loved one are facing federal drug trafficking charges, don't wait. Contact us today fora confidential consultation, and let us start building your defense

CONTACT US

Protect Your Future with Experienced Money Laundering Defense Attorneys in Gilbert

If you are facing money, laundering charges in state or federal court, fill out the form below or call our experienced defense attorneys for a free consult to help you navigate your case.

Don't face these charges alone. Schedule your free consultation today and take the first step toward protecting your freedom and future.

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