Have you been arrested on suspicion of producing or cultivating drugs in Lexington, KY? It’s important to act quickly to try to prevent the prosecution from convicting you and putting you behind bars. You can start your legal battle by reaching out to a knowledgeable Lexington drug manufacturing lawyer, like those at Oakley & Oakley, LLC. Call our law office to set up a free consultation today.
How Our Lexington Criminal Defense Lawyers Can Help You Fight Drug Manufacturing Charges
Getting arrested for manufacturing drugs is a scary experience. However, it becomes a lot easier to deal with when you have the right team around you. At Oakley & Oakley, LLC, our Lexington criminal defense attorneys have 15+ years of experience representing clients in these incredibly serious types of legal matters. We care deeply about our clients and always work as hard as we can to help them secure the very best outcomes in their criminal cases.
If you hire a skilled Lexington criminal defense lawyer from Oakley & Oakley, LLC, to assist you with your drug crime case, we will:
- Conduct a thorough investigation into your arrest
- Fight to secure your release from police custody
- Guide you through the complexities of the Kentucky justice system
- Protect your rights as a citizen or resident of the United States
- Put together a customized defense strategy for your case
- Provide you with straightforward answers to your legal questions
- Consult with pharmaceutical experts about your case
- Negotiate a plea bargain agreement with the state’s attorney
- Advocate for you in court, if required
A skilled criminal defense attorney from Oakley & Oakley, LLC, is ready to help you battle back against the accusations of the state’s prosecutor. Please reach out to us at your earliest convenience to set up a free consultation at our law office in Fayette County. Having handled many cases like yours in the past, we know what it takes to win.
Understanding Kentucky Drug Manufacturing Law
Like most states, Kentucky closely regulates the production and sale of controlled substances within its borders. As such, it is little surprise that the Bluegrass State has several statutes on its books that forbid people from manufacturing and cultivating drugs, such as:
Section 218A.1432 of the Kentucky Revised Statutes says that it is illegal for an individual to knowingly:
- Manufacture methamphetamine, or
- Possess at least two chemicals or items of equipment necessary for the manufacture of methamphetamine, with the intent to use them for that purpose
The state of Kentucky classifies manufacturing methamphetamine as a Class B felony as a first offense. For all subsequent offenses, courts can upgrade it to a Class A felony.
Section 218A.1423 of the Kentucky Revised Statutes says that it is illegal for an individual to knowingly plant, cultivate, or harvest marijuana with intent to sell or transfer it.
The seriousness of this crime depends on the number of plants the offender possesses.
The cultivation of five or more marijuana plants is a Class D felony for a first offense. For a subsequent offense, however, the state bumps it up to a Class C felony.
The cultivation of fewer than five marijuana plants, on the other hand, is a Class A misdemeanor for a first offense. Subsequently, it becomes a Class D felony.
Section 218A.1452 of the Kentucky Revised Statutes says that it is illegal for an individual to knowingly plant, cultivate, or harvest salvia with intent to sell it or transfer it for human consumption.
In the state of Kentucky, salvia cultivation is a Class A misdemeanor.
Have you been accused of violating one of these state laws? If so, please reach out to the defense team at Oakley & Oakley, LLC, today. We may be able to help you get your charge dismissed or reduced.
Understanding Federal Drug Manufacturing Law
Manufacturing or cultivating controlled substances isn’t just a crime in the state of Kentucky. It is also a federal crime.
21 USC § 841 explains that it is unlawful for an individual to knowingly or intentionally:
- Manufacture, distribute, or dispense a controlled substance, or
- Create or distribute a counterfeit substance
The punishments for offenses of this nature depend on the type of drug involved and the quantity the offender manufactured.
Over the years, the lawyers at Oakley & Oakley, LLC, have helped clients with countless state and federal drug cases – achieving many favorable verdicts along the way. If you would like to have us stand up for you, all you need to do is give us a call or contact us online at your earliest convenience.
Consequences of Drug Manufacturing Convictions in Kentucky
When courts convict Lexington residents of crimes like drug possession or manufacturing, they typically face two kinds of consequences. They are:
- Criminal penalties, and
- Collateral consequences
These consequences can have a significant negative impact on an offender’s freedoms and prospects for the future.
Criminal Penalties for Drug Manufacturing Convictions
Drug manufacturing convictions tend to come with harsh criminal penalties. The specific nature of these punishments really depends on the seriousness of the offense:
- Class A Felonies: Up to 50 years in prison as well as a fine of as much as $10,000.
- Class B Felonies: Up to 20 years in prison as well as a fine of as much as $10,000.
- Class C Felonies: Up to ten years in prison as well as a fine of as much as $10,000.
- Class D Felonies: Up to five years in prison as well as a fine of as much as $10,000.
- Class A Misdemeanors: Up to one year in jail as well as a fine of as much as $500.
The criminal punishments doled out for federal drug manufacturing crimes depends on the type and quantity of the controlled substance in question. Offenders can face the maximum possible sentence of 40 years in prison if they manufacture:
- 100 grams or more of heroin
- 500 grams or more of cocaine
- 10 grams or more of PCP
- 1 gram or more of LSD
- 100 kilograms or more of marijuana
- 5 grams or more of methamphetamine
As a general rule, federal penalties are much more severe than their state counterparts.
Collateral Consequences of Drug Manufacturing Convictions
In addition to fines and prison time, people who engage in drug trafficking and manufacturing also receive criminal records. These records can cause them to experience a range of negative collateral consequences, such as:
- Immigration Issues: The federal government frequently deports non-citizen felons after they serve out their prison sentences.
- Difficulty Landing a Job: Employers often reject job applications from people with felony records.
- Trouble Finding Housing: Most apartment communities in the City of Lexington prefer to avoid renting to criminals.
- Professional Licensing Issues: People with criminal records often have trouble obtaining the professional licenses they require to advance in their careers.
- Loss of Gun Ownership Rights: The state of Kentucky has strict laws against convicted felons buying, carrying, and owning guns.
- Loss of Privacy: The family and friends of convicted criminals can easily look up their records online.
- Trouble Obtaining Student Loans: It is all but impossible for people with felony records to secure student loans from the federal government.
Would you like to have an experienced attorney from our Lexington law firm help you fight to avoid the negative consequences of a drug manufacturing conviction? If so, please reach out to us today to set up a free consultation with a member of our team. We have been handling cases like yours for years, so we know what it takes to win.
Defenses Against Kentucky Drug Manufacturing Charges
When Lexington residents get charged with offenses like drug manufacturing, they tend to think that life as they know it is over.
However, defendants are innocent until proven guilty and have the right to defend themsevles. Asserting a strong defense can help arrestees can get their cases dismissed or their charges reduced.
Defenses can include:
- Claiming that they were the victim of illegal search and seizure
- Proving that the substance in question is not illegal or controlled
- Arguing that the prosecuting attorney does not have enough evidence to prove their guilt
- Claiming that they are the victim of entrapment
- Proving that they have a medical reason for needing prescription drugs
- Claiming that the drugs in question were for personal use
At Oakley & Oakley, LLC, we have been defending the people of Lexington against drug manufacturing, possession, and trafficking charges for more than a decade. As such, we know which strategies work and which ones do not. If you would like to have us take a look at your case and point you in the right direction, all you need to do is give us a call or send us a message online.
Your Skilled Lexington Drug Manufacturing Lawyer
When you need an experienced Lexington drug manufacturing lawyer to defend you against the accusations of the state of Kentucky, you can always rely on Oakley & Oakley, LLC. Our team has the legal skills and statutory knowledge required to handle just about any criminal case – no matter how complex it may be. Reach out to us today to learn more about how we can assist you.