A Third Offense Could Lead You to Life in Prison
Video Transcribed: Okay. So now let’s talk about some of the aggravators for the distribution of a controlled dangerous substance. Hi, I’m Ty Smith once again with Wirth Law Office. I work out of the Oklahoma City area. And I spoke previously about the distribution of a controlled dangerous substance in Oklahoma and what some of the elements are to that crime and what you would look at for punishment for being convicted of that crime. And I told you in the previous one there were some aggravators. I’m going to go over those today. One of the big first aggravators is involving minors.
Okay, If you use a minor or you ask a minor to distribute controlled dangerous substance for you, then that is going to augment your sentence. If you distribute in the presence of a minor, that’s going to augment your sentence. And of course, when I say augment, I mean it’s going to increase the maximum or the minimum sentence to some degree. And then if you distribute a controlled dangerous substance to a minor, that’s going to augment your sentence. Now, what does that look like for you? If you do any of these three things, the first offense augments it to a minimum of two years, and a maximum of 10.
The second offense, is a minimum of four, a max of 20, and the third offense will be a minimum of 10, a max of life in prison. Now, we also have other augmenters, and these are more geographically located. If you distribute controlled dangerous substances within 2,000 feet of a school, a housing project, a park, or a childcare facility, then they’re going to be more augmenters. If you do those just by themselves, your first offense is augmented to where you will receive no more than 30 years and no more than a $50,000 fine. So that’s really a one to 30 range is what that becomes.
And your second is, or if you’re caught another time, it’s a minimum of six, maximum of 60 years. Okay? Now, if you do that, the geographic augmenters plus what I was speaking about previously, then those stack on top of each other to where your first offense goes up to a minimum of four and a maximum of 20 and no more than a $50,000 fine. The second time, it goes 12 to 60, and that is how that increases those things. That’s what I could find in the statute, at least. Now, if this sounds like your situation or you would like to ask more questions about these or talk about your legal options, if you are being accused of this crime, I would love to speak to you about this.
As I said, I’m Ty Smith with Wirth Law, an Oklahoma City drug crimes attorney, and you can find me at the oklahomacityattorney.com, or you can call me at 405-888-5400. I would be glad to speak to you about this.
