Kansas Drug Conspiracy Charges

Conspiracy charges are unique in that a crime doesn’t have to be fully committed for charges to be pursued. In conspiracy cases, the crime is merely the agreement to commit the offense between two or more people.

Drug Conspiracy is defined as two or more people agreeing to commit or assist in a crime and actively planning to do so.

Federal drug conspiracy is an agreement between two or more individuals to violate the federal drug laws. There are only two criteria for a federal drug conspiracy charge:

  1. there was an agreement between two or more people to violate federal drug laws;
  2. and the alleged conspirators knew of the unlawful agreement and joined in it.
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Penalties for Drug Conspiracy Charges

You may be wondering, if you can be charged with conspiracy without ever transferring the drugs, are the potential penalties not very severe?

This is not the case. In fact, the penalties are just as severe. In other words, conspiring to traffic drugs can result in the same criminal penalties as having actually done so. Additionally, most drug conspiracy cases are charged at the federal level.

If convicted on drug conspiracy charges, the defendant faces a minimum of five, up to 40 years in prison. This will likely come with fines, probation, and other penalties.

Enhanced Penalties

Sentencing enhancements are usually used when the facts of the case are especially serious and thus elevate the severity of the crime. There are some circumstances that could lead to enhanced penalties for drug conspiracy charges.

Injury or Death

If the conspiracy crime somehow led to someone’s injury or death, this will lead to enhanced penalties.

Past Record

If the defendant involved has a prior criminal record related to drug offenses or a violent crime, they will receive enhanced penalties.

Typically, the enhanced penalty means the defendant will be sentenced to additional prison time.

Defenses for Drug Conspiracy Charges

In order for prosecutors to find you guilty of a drug conspiracy offense, they must prove that you knowingly and willingly entered an agreement to commit the drug crime. Based on this requirement, there are many potential defense strategies for your case.

Illegally Obtained Evidence

This is a common defense strategy not just in conspiracy cases, but in all types of drug cases. Using this defense, you can argue that the police collected evidence against you illegally, and therefore it cannot be considered.

Entrapment

Entrapment occurs when the police coerce someone to commit a crime that they otherwise would not have. In drug conspiracy cases, this could be an undercover officer placing extreme pressure on an individual to commit a crime with them so that when they agree, they can make an arrest.

There Was No Agreement

Simply put, you could argue that there was no conspiracy to begin with. You did not agree or assist in committing a crime.

You Did Not Knowingly Join

There are some crimes that people commit accidentally. Your defense could be that you were unaware you were entering a criminal conspiracy.

You Did Not Willingly Join

You can argue that you were threatened or pressured into agreeing to commit the crime.

You withdrew from the plan: if you attempted to, or did withdraw, from the agreement to commit the drug crime, this could be a strong defense showing you no longer had intent.

Federal Drug Conspiracy Defense Attorneys

If you have recently been contacted by the DEA or arrested in regards to drug conspiracy charges, you need to take immediate action to begin your defense. As explained, even just agreeing to commit a crime can result in the same serious penalties as having actually done so. Our team at SRC Law Group will look into every detail of your case to help formulate the strongest defense on your behalf. To speak with our team, give us a call at (913) 948-9311.
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