Being convicted of a drug crime will bring serious legal penalties, including incarceration. But the added threat of sentencing enhancements changes the entire dynamic. Thanks to these enhancements, a defendant could expect to spend significant time in prison.

If you are facing drug charges of any kind, you need to know about the possibility of more severe punishments. It begins with retaining an experienced Contra Costa County criminal defense attorney. Count on the team at The Law Offices of Johnson & Johnson.

What Are Sentencing Enhancements?

Sentencing enhancements add time to a person’s basic prison sentence. They are typically the product of “get tough on crime” initiatives, and apply to various crimes (including those involving drugs). Both California and the federal government have drug crime sentencing enhancements.

However, sentencing enhancements have been sharply criticized for disproportionately  targeting poor and minority populations. Their application varies from one judge to another, often resulting in unfair sentencing. Nonetheless, these enhancements remain applicable.

Understanding Drug Case Sentencing Enhancements

Although most drug crimes in Contra Costa County are prosecuted in state courts, federal prosecutions are possible. Activities that fall under federal jurisdiction, for instance trafficking across state lines, can lead to a federal trial. This opens the door to federal enhancements.

Whether you face state or federal charges, the application of an enhancement will depend on the unique facts of your situation. If any of the following factors are present in your state or federal drug case, prosecutors may seek an enhancement:

  • Drug weight: More drugs, and a higher weight of drugs, can significantly affect a defendant’s sentence upon conviction. Prosecutors can use various methods to determine the amount of a drug in the person’s possession.
  • Type of drug: Likewise, the type of drug involved may lead to a longer sentence. Prosecutors tend to take harder drugs like methamphetamine, heroin, cocaine, and fentanyl more seriously.
  • Prior convictions: Having a criminal record that includes prior drug crime convictions could lead to a harsher sentence. Felonies in particular could extend your time in prison.
  • Violence: If the defendant also committed a violent crime, including assault, kidnapping, or murder, the sentencing range for the drug offense could be much greater.
  • Attempted violence: Even attempted violence can lead to a sentencing enhancement. An example might be threatening a witness or informant, or the use of intimidation and threats.
  • Possession of a firearm: Since violent conduct can mean an enhancement, so too can the possession of a gun or other firearm during the commission of the drug crime. Even if the gun is not discharged or brandished an enhancement could apply.
  • Involving minors: A drug crime that involves minors is sure to lead to a requested sentencing enhancement. Judges in Contra Costa County take a grim view of attempts to sell drugs to children or involve them in the drug trade.
  • Coercion: Coercing or attempting to coerce others in the course of the drug crime can lead to a much longer sentence. This may include forcibly trying to recruit others into the drug trade.
  • Aggravating factors: Certain aggravating factors, such as possession of a drug near a school, could elevate a misdemeanor charge to a felony. This, in turn, could result in an enhanced sentence.

Proposition 36 and Sentencing

California voters approved Proposition 36, which allows for enhanced penalties for certain drug and theft crimes. Of particular note is the new sentencing requirement for selling, transporting, or manufacturing drugs such as fentanyl, methamphetamine, and heroin.

Under previous California law, a convicted person with no significant criminal history could serve their sentence in county jail; now they must do so in state prison. Although not technically a sentencing enhancement, Prop 36 does affect where the offender will serve their sentence.

Defending You in a Drug Case Sentencing Enhancement

Sentencing enhancements can turn a few years of prison into many, and permanently alter the course of one’s life. They reflect the severe nature by which state and federal prosecutors handle drug crimes. But there are ways to defend against them.

A good criminal defense does not lose sight of the underlying offenses involved with sentencing enhancements. To that end, your Contra Costa County criminal defense lawyer will steadfastly fight these charges. However, there are also ways to push back against an enhancement:

  • Address the alleged facts behind the enhancement: For example, if prosecutors allege you possessed a gun during the commission of a drug crime, you may be able to contest the evidence. Perhaps the gun was in someone else’s control and not yours, for instance.
  • Challenge the weight of drugs: Since there are numerous ways to measure the amount of drugs, you may be able to challenge the methods that officials used. The weight of the drugs could alter the ultimate duration of sentencing.
  • Mitigating factors: This is evidence to lessen the severity of the alleged criminal offense, and the opposite of aggravating factors. They could include employment history, character references, and other facts about the suspect or the situation itself.
  • Problems with the government’s evidence: If the government mishandled evidence or violated certain procedural norms, the court may suppress evidence. Any unreliable evidence, such as weak or contradictory eyewitness testimony, is also subject to challenges.
  • Police misconduct: The actions of law enforcement pertaining to the alleged drug crimes could also prove relevant. Your attorney should consider any sort of misconduct, such as failing to advise you of your Miranda rights prior to questioning or the absence of probable cause.

Contact Our Contra Costa County Attorney for Sentencing Enhancements in Drug Cases

If you’ve been charged with state or federal drug offenses, you should understand that sentencing enhancements could apply. Your future hangs on the strength of your criminal defense and the evidence that you present.

It’s time to speak with the criminal defense team at The Law Offices of Johnson & Johnson. We’re ready to review the charges against you and then get to work developing a customized legal strategy. Get in touch with us now to get started.

Frequently Asked Questions About Sentencing Enhancements

Are there other consequences to a sentencing enhancement beyond time in prison?

Although sentencing enhancements primarily concern time spent in prison, other consequences such as higher fines are also possible. Think of an enhancement as an overall worse set of legal consequences versus a case that is not subject to an enhancement.

What are mandatory minimums?

Mandatory minimums are laws that require judges to sentence an offender to a minimum amount of time in prison. Although California does not use mandatory minimums, the federal government does. Minimums are distinct from enhancements which lengthen prison terms.

Will a first-time offender receive a sentencing enhancement?

Although the absence of a prior criminal record may be a mitigating factor, it alone will not prevent a sentencing enhancement. The seriousness of the crime (misdemeanor versus felony) and the presence of aggravating factors like the ones mentioned above will also prove relevant.

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Sentencing Enhancements in Drug Cases

Being convicted of a drug crime will bring serious legal penalties, including incarceration. But the added threat of sentencing enhancements changes the entire dynamic. Thanks to these enhancements, a defendant could expect to spend significant time in prison.

If you are facing drug charges of any kind, you need to know about the possibility of more severe punishments. It begins with retaining an experienced Contra Costa County criminal defense attorney. Count on the team at The Law Offices of Johnson & Johnson.

What Are Sentencing Enhancements?

Sentencing enhancements add time to a person’s basic prison sentence. They are typically the product of “get tough on crime” initiatives, and apply to various crimes (including those involving drugs). Both California and the federal government have drug crime sentencing enhancements.

However, sentencing enhancements have been sharply criticized for disproportionately  targeting poor and minority populations. Their application varies from one judge to another, often resulting in unfair sentencing. Nonetheless, these enhancements remain applicable.

Understanding Drug Case Sentencing Enhancements

Although most drug crimes in Contra Costa County are prosecuted in state courts, federal prosecutions are possible. Activities that fall under federal jurisdiction, for instance trafficking across state lines, can lead to a federal trial. This opens the door to federal enhancements.

Whether you face state or federal charges, the application of an enhancement will depend on the unique facts of your situation. If any of the following factors are present in your state or federal drug case, prosecutors may seek an enhancement:

  • Drug weight: More drugs, and a higher weight of drugs, can significantly affect a defendant’s sentence upon conviction. Prosecutors can use various methods to determine the amount of a drug in the person’s possession.
  • Type of drug: Likewise, the type of drug involved may lead to a longer sentence. Prosecutors tend to take harder drugs like methamphetamine, heroin, cocaine, and fentanyl more seriously.
  • Prior convictions: Having a criminal record that includes prior drug crime convictions could lead to a harsher sentence. Felonies in particular could extend your time in prison.
  • Violence: If the defendant also committed a violent crime, including assault, kidnapping, or murder, the sentencing range for the drug offense could be much greater.
  • Attempted violence: Even attempted violence can lead to a sentencing enhancement. An example might be threatening a witness or informant, or the use of intimidation and threats.
  • Possession of a firearm: Since violent conduct can mean an enhancement, so too can the possession of a gun or other firearm during the commission of the drug crime. Even if the gun is not discharged or brandished an enhancement could apply.
  • Involving minors: A drug crime that involves minors is sure to lead to a requested sentencing enhancement. Judges in Contra Costa County take a grim view of attempts to sell drugs to children or involve them in the drug trade.
  • Coercion: Coercing or attempting to coerce others in the course of the drug crime can lead to a much longer sentence. This may include forcibly trying to recruit others into the drug trade.
  • Aggravating factors: Certain aggravating factors, such as possession of a drug near a school, could elevate a misdemeanor charge to a felony. This, in turn, could result in an enhanced sentence.

Proposition 36 and Sentencing

California voters approved Proposition 36, which allows for enhanced penalties for certain drug and theft crimes. Of particular note is the new sentencing requirement for selling, transporting, or manufacturing drugs such as fentanyl, methamphetamine, and heroin.

Under previous California law, a convicted person with no significant criminal history could serve their sentence in county jail; now they must do so in state prison. Although not technically a sentencing enhancement, Prop 36 does affect where the offender will serve their sentence.

Defending You in a Drug Case Sentencing Enhancement

Sentencing enhancements can turn a few years of prison into many, and permanently alter the course of one’s life. They reflect the severe nature by which state and federal prosecutors handle drug crimes. But there are ways to defend against them.

A good criminal defense does not lose sight of the underlying offenses involved with sentencing enhancements. To that end, your Contra Costa County criminal defense lawyer will steadfastly fight these charges. However, there are also ways to push back against an enhancement:

  • Address the alleged facts behind the enhancement: For example, if prosecutors allege you possessed a gun during the commission of a drug crime, you may be able to contest the evidence. Perhaps the gun was in someone else’s control and not yours, for instance.
  • Challenge the weight of drugs: Since there are numerous ways to measure the amount of drugs, you may be able to challenge the methods that officials used. The weight of the drugs could alter the ultimate duration of sentencing.
  • Mitigating factors: This is evidence to lessen the severity of the alleged criminal offense, and the opposite of aggravating factors. They could include employment history, character references, and other facts about the suspect or the situation itself.
  • Problems with the government’s evidence: If the government mishandled evidence or violated certain procedural norms, the court may suppress evidence. Any unreliable evidence, such as weak or contradictory eyewitness testimony, is also subject to challenges.
  • Police misconduct: The actions of law enforcement pertaining to the alleged drug crimes could also prove relevant. Your attorney should consider any sort of misconduct, such as failing to advise you of your Miranda rights prior to questioning or the absence of probable cause.

Contact Our Contra Costa County Attorney for Sentencing Enhancements in Drug Cases

If you’ve been charged with state or federal drug offenses, you should understand that sentencing enhancements could apply. Your future hangs on the strength of your criminal defense and the evidence that you present.

It’s time to speak with the criminal defense team at The Law Offices of Johnson & Johnson. We’re ready to review the charges against you and then get to work developing a customized legal strategy. Get in touch with us now to get started.

Frequently Asked Questions About Sentencing Enhancements

Are there other consequences to a sentencing enhancement beyond time in prison?

Although sentencing enhancements primarily concern time spent in prison, other consequences such as higher fines are also possible. Think of an enhancement as an overall worse set of legal consequences versus a case that is not subject to an enhancement.

What are mandatory minimums?

Mandatory minimums are laws that require judges to sentence an offender to a minimum amount of time in prison. Although California does not use mandatory minimums, the federal government does. Minimums are distinct from enhancements which lengthen prison terms.

Will a first-time offender receive a sentencing enhancement?

Although the absence of a prior criminal record may be a mitigating factor, it alone will not prevent a sentencing enhancement. The seriousness of the crime (misdemeanor versus felony) and the presence of aggravating factors like the ones mentioned above will also prove relevant.