What Are “Aggravated” Drug Crimes in Oklahoma?
If you have been charged with a drug crime in Oklahoma, you need to understand the charges against you. This could be complicated depending on what crimes you have been charged with, because the state’s drug crime laws are not written in plain language. One word that criminal defendants may puzzle at is the term “aggravated” drug crime.
Oklahoma drug crime law has tiered sentences and fines as crimes become more “serious” in the eyes of the law. A first offense for marijuana possession is a misdemeanor. In contrast, a first offense for possession of cocaine is a felony. Second and third offenses for possession carry longer sentences and larger fines.
Generally, the term “aggravated” before a criminal offense means that the offense is considered more serious than the original criminal offense. Aggravated drug trafficking, for example, is a more “serious” offense than just drug trafficking. The seriousness, however, comes not from what you do with the drugs but from how much drugs you have.
Oklahoma classifies drug crimes as “aggravated” if you are committing the crime with a large amount of a controlled dangerous substance. For example, a charge of aggravated drug trafficking arises when the prosecution believes the defendant trafficked more than 28 grams of heroin (the amounts vary by type of drug). Regular drug trafficking requires only 10 grams. An aggravated manufacturing charge could stand if you manufacture more than 1 kilogram of heroin (again, the amounts vary by type of drug).
Committing a crime with a large amount of a drug can lead to an “aggravated” charge. The consequences for these crimes are “aggravated” too – jail sentences and fines also become increased for those convicted of aggravated trafficking, manufacturing, or another drug crime.
For example, regular drug trafficking carries a sentence of at least two times the term you would have received for a possession conviction. Aggravated drug trafficking, on the other hand, can carry a sentence of 15 years to life. You must serve 85% of your sentence before being eligible for parole. Further, fines double and reach up to half a million dollars depending on the drug involved. 63 O.S. § 2-414 et seq.
As you can see, aggravated drug offenses in general have the harshest sentences and fines of all Oklahoma drug crimes.
Accused of a drug crime? Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of drug and alcohol-testing science to defend Oklahomans, assesses his clients’ best options for defenses and sentencing. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.