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While the specific penalties vary, the potential sentences for drug manufacturing should not be taken lightly. Many factors impact the severity of sentencing in these cases, making it difficult to understand all the potential outcomes a person may be facing. An Omaha drug manufacturing lawyer can examine your situation and help you better understand the charges and situation at hand. Drug cases are often accompanied by severe penalties. A proactive drug attorney can be instrumental in developing the strongest defense strategy possible in your case.
Charges Related to These Offenses in Omaha
Under Neb. Rev. Stat. § 28-416, manufacturing controlled substances or possessing them with the intent to manufacture controlled substances is illegal. The level of the charges that individuals may face for violating this section depends upon the substance in question as well as the amount involved. Other factors that can impact the level of drug manufacturing charges include the presence of firearms, the proximity to certain locations such as schools and playgrounds, the involvement of minors, and any prior history of drug convictions.
A major governing factor for the charges in a drug manufacturing case is the schedule of the drug or its classification. This is determined according to the degree of the severity of misuse and/or lack of accepted medicinal use. Charges for manufacturing drugs include:
- Class II Felony for exceptionally hazardous drugs in Schedules I – III
- Class IIA Felony for controlled substances in Schedules I – III
- Class IIIA Felony for controlled substances in Schedules IV – V
Other factors that affect drug manufacturing charges include the type and weight of drug involved. The potential charges for manufacturing cocaine, crack, heroin, methamphetamines and amphetamines, as well as their salts, optical isomers, and salts of their isomers, and any mixture or substance containing any detectable amount of these drugs include:
- Class IB Felony for 140 grams or more
- Class IC Felony for between 28 and 140 grams
- Class ID Felony for between ten and 28 grams
Regardless of the classification, a diligent Omaha drug manufacturing lawyer can further help determine the potential penalties and course of action.
Potential Penalties for Drug Manufacturing
According to Neb. Rev. Stat. §28-105, a Class II felony conviction can result in a prison sentence ranging from a minimum of one year to a maximum of 50 years. A Class IIA felony conviction can result in a prison sentence of up to 20 years. A Class IIIA felony conviction can result in up to three years of incarceration, nine to 18 months of post-release supervision, and a $10,000 fine.
Furthermore, a Class IB felony conviction carries a potential prison sentence ranging from 20 years to life. A Class IC felony conviction can result in a mandatory minimum sentence ranging from five years to a maximum of 50 years, and a Class ID felony conviction can result in three to 50 years.
Individuals convicted of manufacturing a controlled substance and placed on probation also must attend treatment and undergo counseling on drug abuse as a condition of their probation. If sentenced to prison, often one must complete the appropriate drug treatment and counseling as well.
How an Omaha Drug Manufacturing Attorney Can Help
Working with an Omaha drug manufacturing lawyer from the outset of your case can be crucial to successfully defending yourself against criminal charges. With strong legal advice, you may be better suited to navigate the criminal justice system and work toward a positive resolution. Call Berry Law today to learn more on how to defend your future.
