Kentucky Criminal Defense Attorney

Drug Trafficking


Drug trafficking is not a crime that the state of Kentucky takes very lightly.

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There are serious consequences for any individuals who have participated and been caught trafficking drugs in Kentucky.

If you are being brought up on drug trafficking charges, you face a lot of potential penalties that have a wide range in severity and seriousness.

You should take your situation very seriously and consult with a legal professional so that you can understand the full scope of the penalties you could be facing.

Like many other types of laws in the Kentucky penal code, laws on trafficking drugs are broken down into three degree categories.

The first category of drug trafficking offense is trafficking in controlled substance in the first degree. A person is considered to be guilty of committing this particular trafficking crime if they are knowingly trafficking a controlled substance that is either a Schedule I or II that is considered to be a narcotic. This type of crime comes with two different penalties depending on whether or not it is the first time you have been charged and convicted of this crime.

The first time it is a Class C felony.

A second or subsequent time it is considered a Class B felony.

A good example of Schedule I controlled substances would be Hashish, Morphine methylbromide, and Bufotenine.

A few examples of Schedule II controlled substances would be Opium, Cocaine, and Amphetamine.

This helps you to get a picture of the types of substances involved in these charges.

Trafficking in controlled substances in the second degree occurs when an individual is found to be knowingly and willingly trafficking a controlled substance that is classified in Schedules I and II but is not considered to be a narcotic drug. You can also be charged with this crime if they have distributed, sold, or prescribed an anabolic steroid to help enhance the performance of an athlete in a sport, exercise, or game.

The first offense for this crime is a Class D felony and a subsequent offense is considered a Class C felony.

The law for trafficking in controlled substance in the third degree states that a person is guilty of this crime when someone knowingly traffics a substance that is classified in Schedules IV or V. This crime is classified as a Class A misdemeanor for first time offenders and repeat offenders are charged with a Class D felony.

The penalties you face for drug trafficking have some serious jail time attached to them. If you are convicted of trafficking in controlled substances in the first degree as a first time offender, it is a Class C felony, and you could end up spending 5 years in prison or even 10 years in prison depending on the situation.

A Class D felony might earn you a 5 year sentence or simply 12 months behind bars. A Class A misdemeanor is the littlest of all the charges that could result in spending a maximum of 12 months in jail.

As you can see by the steep prison terms, it is very important to hire a defense lawyer who focuses on defending people charged with drug trafficking.

One of the strategies your attorney might use to build a solid defense is to investigate the legality of the search and seizure that resulted in the discovery of the illegal substances.

You are protected from unlawful search and seizures by the Constitution, and if the police did not fully abide by the laws prescribed in the Constitution and the interpretation thereof, it can result in the whole case being dismissed.

They will also question the police involved to make sure your vehicle was stopped for valid reasons if the drugs were found in your vehicle.