2nd Degree Drug Crimes
In Minnesota, drug crimes are divided into five different degrees and the degree will primarily depend on the amount, and whether the drug was being manufactured or offered for sale. 2nd degree controlled substance crimes are always charged as felonies. The charges are for sale and/or possession of drugs, and require the best criminal defense possible to avoid or mitigate penalties and jail time.
You may be charged with a felony 2nd degree drug crime for the sale of:
- One or more mixtures of ten grams or more containing a narcotic drug other than heroin
- One or more mixtures of three grams or more containing cocaine or methamphetamine and you have in your possession a firearm
- One or more mixtures of three grams or more containing heroin
- One or more mixtures of ten grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 50 or more dosage units
- One or more mixtures of ten kilograms or more containing marijuana or Tetrahydrocannabinols
- Any of the above listed drugs, except marijuana, in a school zone or to minors
You may be charged with a felony 2nd degree drug crime for the possession of:
- One or more mixtures of a total weight of 25 grams or more containing cocaine or methamphetamine
- One or more mixtures of a total weight of ten grams or more containing cocaine or methamphetamine and you have in your possession a firearm
- One or more mixtures of a total weight of six grams or more containing heroin
- One or more mixtures of a total weight of 50 grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine
- One or more mixtures of a total weight of 50 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units, equaling 100 or more dosage units
- One or more mixtures of a total weight of 25 kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 100 or more marijuana plants
The potential penalties for felony 2nd degree drug crimes are imprisonment of not more than 25 years and/or up to a fine of $500,000. In addition to this prison time, any property that may have been used to commit the crime may be forfeited. You may lose your car, cash, or any other property associated with the crime.
Long term consequences can be just as harsh. You will find it much more difficult to find employment, housing options may be greatly limited, and it will be nearly impossible to attain any form of financial aid if you would attempt to move on with your life. If you are convicted of felony 2nd degree drug charges you will lose any legal right to possess a firearm and voting privileges.
Methods of Defense Against Drug Charges
North Star Criminal Defense will prepare a defense on your behalf that has the goal of having the charges dismissed or at least reduced to mitigate the penalties. Whether you are a first time offender or have previous drug convictions, we will use the following methods in your defense:
- Analyzing the chain of evidence of the drugs and other items involved in the crime
- Assessing whether the arrest, investigation and acts by law enforcement complied with due process and other Constitutional protections.
- Whether you were directly involved in the possession or sale of the drugs, or simply present in the vicinity with no intent or plan to participate
- Demonstrating your personal and professional credibility to argue for dismissal or reduction of charges
To see just how successful our approach is, here is a representative case results:
Charge: 2nd Degree Drug Crime, 5th Degree Drug Crime
Resolution: Stay of imposition, Misdemeanor 4th Degree Drug Sale. The client was facing three separate counts of drug sale and possession offenses that ranged from 5th degree possession to 2nd degree sale. Due a prior drug conviction, the client was facing a three-year mandatory prison commitment. Based upon the client’s extensive rehabilitative efforts and negotiations by North Star, the client will receive a misdemeanor conviction upon completion of three-years probation, which includes a year in jail – not prison – where the client has work-release privileges so he can keep his life on track. While the year in jail is tough to swallow, the client avoids the lengthy prison term, can keep progressing with his rehabilitation efforts, and will only have a misdemeanor conviction on his record. In a county that is notably tough when it comes to drug sentencing, this was a great result.
North Star Criminal Defense – Proven Success in Fighting Drug Charges
The Minnesota drug crime lawyers at North Star Criminal Defense have over 30 combined years of successfully defending drug charges of all degrees and throughout multiple jurisdictions, including federal courts in multiple states. We know the law, the defenses, and the strategy necessary in order to obtain resolutions that avoid convictions and jail time. We have helped countless clients overcome these debilitating charges and get back on their feet. If you have been accused of any type of drug crime, you need to contact us right away.