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Prison or Jail Sentence in Drug Cases

Prison or jail sentences can occur in many drug cases. Minnesota uses the Minnesota Sentencing Guidelines in determining sentences in felony cases. There are numerous factors that influence what sentence you will presumptively receive including (1) the severity of your offense; (2) your criminal history; (3) whether a firearm was used during the offense; or (4) if there are other aggravating factors at play. 

1. 1st Degree Controlled Substance Crime

(Minn. Stat. §152.021)

The maximum prison sentence for 1st degree controlled substances is 40 years. This is the maximum. It is only in rare circumstances that judges impose the maximum sentence.

 

If you have a criminal history score of 0 and are convicted of a 1st degree controlled substance crime with no other aggravating factors, the presumptive sentence is 65 months (5 years and 5 months). By contrast, if you have a criminal history score of 6, and you are charged with an aggravated 1st degree controlled substance crime, the presumptive sentence becomes 158 months (13 years and 2 months). 

3. 3rd Degree Controlled Substance Crime

(Minn. Stat. § 152.023)

The maximum prison sentence for 2nd degree controlled substances is 20 years. This is the maximum. It is only in rare circumstances that judges impose the maximum sentence. If you have a criminal history score of 0 and are convicted of a 3rd degree controlled substance crime with no other aggravating factors, you may receive a "stayed sentence". Which means that you would not need to serve a long prison sentence as long as you successfully complete probation. But a probation violation could allow the Judge to impose the prison time that was stayed. Prison is distinguished from local jail. The judge may still impose local jail time as part of a stayed sentence, but it can be no more than 364 days of local jail.

 

By contrast, if you have a criminal history score of 6, and you are charged with a 3rd degree controlled substance crime, the presumptive sentence will not be stayed. The the presumptive sentence becomes 57 months (4 years, 9 months). 

5. 5th Degree Controlled Substance Crime

(Minn. Stat. § 152.025)

The maximum prison sentence for 5th degree controlled substances is 5 years. This is the maximum. It is only in rare circumstances that judges impose the maximum sentence.

 

If you have a criminal history score of 0 and are charged with 5th degree controlled substance crime you may be eligible for a diversion program that would allow you to avoid a conviction. If you successfully complete probation following a diversion program, you would not receive a conviction or a prison sentence. 

 

By contrast, if you possessed or used a firearm during the offense, and you are charged with a felony 5th degree controlled substance crime, the mandatory minimum is a 36 months sentence. Minn. Stat. 609.11 Subd. 5.

2. 2nd Degree Controlled Substance Crime

(Minn. Stat. § 152.022)

The maximum prison sentence for 2nd degree controlled substances is 25 years. This is the maximum. It is only in rare circumstances that judges impose the maximum sentence.

 

If you have a criminal history score of 0 and are convicted of a 2nd degree controlled substance crime with no other aggravating factors, you may receive a "stayed sentence". Which means that you would not need to serve a long prison sentence as long as you successfully complete probation. But a probation violation could allow the Judge to impose the prison time that was stayed. Prison is distinguished from local jail. The judge may still impose local jail time as part of a stayed sentence, but it can be no more than 364 days of local jail.

 

By contrast, if you have a criminal history score of 6, and you are charged with a 2nd degree controlled substance crime, the presumptive sentence will not be stayed. The the presumptive sentence becomes 108 months (9 years). 

4. 4th Degree Controlled Substance Crime

(Minn. Stat. § 152.024)

The maximum prison sentence for 4th degree controlled substances is 15 years. This is the maximum. It is only in rare circumstances that judges impose the maximum sentence.

 

If you have a criminal history score of 0 and are convicted of a 4th degree controlled substance crime with no other aggravating factors, you may receive a "stayed sentence". Which means that you would not need to serve a long prison sentence as long as you successfully complete probation. But a probation violation could allow the Judge to impose the prison time that was stayed. Prison is distinguished from local jail. The judge may still impose local jail time as part of a stayed sentence, but it can be no more than 364 days of local jail.

 

By contrast, if you possessed or used a firearm during the offense, and you are charged with a 4th degree controlled substance crime, the mandatory minimum is a 36 months sentence. Minn. Stat. 609.11 Subd. 5.

6. Miscellaneous Other Offenses

There are many other drug offenses that can result in prison or jail time. As an example, if you are charged with selling controlled substances to a person who dies of an overdose, the presumptive prison sentence is 86 months. There is not enough space here to go over every single drug offense and the prison and jail sentences. If you have questions about your specific offense, contact Subzero Criminal Defense. 651-248-5142. 

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