Heroin trafficking charges in South Carolina are very serious. Heroin is a Schedule I controlled substance and the penalties for trafficking it can be severe. The charge someone receives depends on the amount of heroin they possess or distribute:
- Possessing less than 1 gram of heroin can result in a misdemeanor charge. Punishments can include jail time and fines, depending on the circumstances and prior convictions.
- Possessing or distributing more than 1 gram can lead to felony charges. These penalties can be harsh, including lengthy prison sentences and fines of up to $25,000.
- Trafficking over 10 grams of heroin can result in the maximum sentence of life imprisonment. In addition, individuals may face other charges like money laundering or conspiracy to distribute illegal substances.
These illegal drug charges for heroin are just as serious and carry the same or even more severe penalties than heroin trafficking. If you need help with heroin trafficking charges in South Carolina, contact Touma Law Group's dedicated drug defense team today.
Legal Definition of Heroin Trafficking
Heroin trafficking is a serious crime in South Carolina and is classified under the state’s drug trafficking laws. Heroin trafficking involves manufacturing, distributing, transporting, or selling large amounts of heroin or knowingly allowing another person to do so. The offense carries serious penalties which increase in severity with the amount of heroin involved.
The legal definition of heroin trafficking in South Carolina is defined by statute. Under South Carolina law, any person who manufactures, distributes, transports, sells, or allows another to do so with more than one gram of heroin is guilty of trafficking in heroin.
Charges for drug trafficking heroin depend on the quantity of drugs. One gram of heroin is considered a misdemeanor while a conviction for drug trafficking more than one gram of heroin is considered a drug crime felony.
What Are the Different Types of Drug Trafficking Charges?
Drug trafficking allegations come in different forms, depending on the type of drug being trafficked and the amount involved. The charges can include federal crime drug trafficking charges, state drug trafficking charges, and other related offenses such as possession with intent to distribute or distribution of a controlled substance.
At the federal level, drug trafficking is typically charged under the Controlled Substances Act (CSA). This act covers all types of drugs, from pounds of marijuana to grams of cocaine to heroin. Depending on the particular drug possession charge, defendants can face up to life in prison and fines of up to $10 million.
At the state level, drug trafficking is typically charged under state-specific statutes. In South Carolina, drug trafficking charges will depend on the type and amounts of drugs involved as well as other factors such as prior criminal drug conviction history, the intended purpose of the trafficking, and whether any minors were involved. Penalties for drug trafficking in South Carolina typically involve time in prison and hefty fines.
Penalties For a Heroin Trafficking Charge in SC
In South Carolina, a heroin trafficking charge is a serious offense that carries heavy penalties. The weight of the heroin plays an important role in determining the sentence. According to South Carolina Code § 44-53-370, any individual who possesses or distributes more than 4 grams (0.14 oz) of heroin is guilty of trafficking in heroin and can face up to 15 years in prison.
For individuals found guilty of trafficking more than 10 grams (0.35 oz) of heroin, penalties become even harsher. Offenders may be sentenced to up to 20 years in prison, and a fine of up to $25,000 can also be imposed. In some cases, the sentence can be enhanced to life imprisonment if the offender has a prior conviction or is part of an organized criminal activity.
The consequences of a heroin trafficking conviction in South Carolina can be severe and long-lasting. Not only will offenders face fines and prison time, but they will also have to contend with an extensive criminal record that may lead to difficulty finding employment or housing.
In addition to criminal charges and legal penalties, individuals convicted of heroin trafficking may also face social stigma and be ostracized from their families, work leadership roles, or community.
Federal-Level Penalties for Heroin Trafficking
The charge of drug trafficking heroin is a serious crime that carries severe consequences in South Carolina and at the federal level. Trafficking of heroin is defined as the sale, transport, or distribution of any amount of heroin. Under state law, individuals caught selling or trafficking heroin can face long prison sentences and harsh penalties.
At the federal level, penalties for heroin trafficking are even more severe. According to the US Drug Enforcement Agency, individuals convicted of trafficking more than 1 kilogram of heroin could face up to life in prison and fines up to $10 million.
Those caught with less than 1 kilogram of heroin may still face serious criminal penalties, including a minimum sentence of 5 years in prison and fines of up to $5 million.
Talk to Our Drug Trafficking Attorneys Today!
Facing drug charges, especially those related to heroin trafficking, can be a frightening and overwhelming experience. Whether you have been charged with simple possession, constructive possession, unlawful possession, distribution, conspiracy, or any other type of drug offense, it is important to seek the counsel of a skilled attorney who can defend your constitutional rights and help you achieve the best possible outcome in court.
At Touma Law Group, our experienced drug trafficking lawyers have a deep understanding of the state and federal laws related to the crime of drug trafficking. We will work closely with you to build a strong case and present your side of the story in court.
Our goal is to get the charges of drug trafficking against you reduced or dismissed ensuring a favorable outcome, so you can move on with your life without the burden of a drug charge on your record.
Call us today for a confidential consultation with our skilled criminal defense lawyers.
