A drug charge can have serious consequences. Drug trafficking, in particular, carries significant penalties. But, the presence of a firearm can escalate these charges to an entirely new level. While state laws already impose jail time and fines for drug trafficking, a firearm’s presence often pushes these cases into federal court, where the stakes are much higher.
Armed drug trafficking: Harsh federal penalties
When a firearm is involved in drug trafficking, federal authorities often take notice. This offense is called “armed drug trafficking.” Federal law mandates a minimum five-year prison sentence for anyone who uses or carries a firearm during a drug trafficking offense.
This five-year sentence is in addition to any punishment received for the drug trafficking itself. Showing the gun to intimidate someone (brandishing) adds at least seven more years in prison. Firing the gun, even accidentally, adds at least ten more years.
Serving time and just having a gun nearby
Defendants must serve these extra prison sentences for the firearm after completing the drug trafficking sentence. There’s no chance of serving these sentences at the same time. A person doesn’t have to actually use or even touch the gun to get these extra penalties. Just having a gun nearby during the drug crime—like in a car, another room or on someone they’re with—is enough.
Repeat offenses and legal defense
For those with prior convictions, the consequences are even more severe. A second or subsequent conviction for using a firearm in a drug trafficking crime carries a mandatory minimum of 25 years. Anyone facing these serious charges should seek legal counsel to explore all available defenses and protect their rights.
A defense in an armed drug trafficking case will address the specific facts, such as the firearm’s location, the quantity and type of drugs, the arrest’s circumstances and any evidence linking the accused to both the drugs and the weapon.