Alabama law criminalizes any unlawful distribution of controlled substances. However, state law has harsher penalties for adults convicted of selling, furnishing, giving away, delivering, or distributing illegal drugs to minors.
A person over the age of 18 who gives a controlled substance to a person under the age of 18 faces much more serious penalties. If convicted, there is the possibility that an alleged offender could be sentenced to life in prison.
Huntsville Sale of Drugs to a Minor Lawyer
If you were arrested for allegedly selling or giving illegal drugs to a minor in Northern Alabama, it is in your best interest to immediately seek legal representation. Law Offices Of Segal & Segal aggressively defends clients in Madison County, Limestone County, Morgan County, Jackson County, and Marshall County.
Alabama drug distribution to a minor attorneys Andrew Segal and Sandra Segal use their previous experience as prosecutors to find specific flaws in the cases against alleged offenders. Our firm can review your own case as soon as you call (256) 533-4529 or send us an online message to take advantage of a free, confidential consultation.
Alabama Sale of Drugs to a Minor Overview
- How is this charge different from a regular drug distribution crime?
- What are the consequences if an alleged offender is convicted?
- Are there any defenses against these charges?
Under Code of Alabama § 13A-12-211, it is a Class B felony if an alleged offender sells, furnishes, gives away, delivers, or distributes a controlled substance enumerated in Schedules I through V. However, an alleged offender over the age of 18 who sells, furnishes, or gives controlled substances to a person younger than the age of 18 years will be charged with a Class A felony under Code of Alabama § 13A-12-215.
These laws broadly cover most every drug listed on the Controlled Substances List adopted by the Alabama State Board of Health, including but not limited to:
- 3,4-methylenedioxymethamphetamine (MDMA, ecstasy)
A person who is convicted of selling, furnishing, or giving an illegal drug to a minor may receive a minimum sentence of 10 years in prison possibly up to life. Additionally, he or she can be ordered to pay a fine of as much as $60,000. Code of Alabama § 13A-12-215 also states that the imposition or execution of sentence will not be suspended and probation cannot be granted.
In these cases, there may be two other enhancements listed under Chapter 12, Article 5 of the Alabama Code that can lead to additional lengths of imprisonment:
- Additional penalty if unlawful sale on or near school campus, Code of Alabama § 13A-12-250 — If an unlawful sale was on the campus or within a three-mile radius of the campus boundaries of any public or private school, college, university or other educational institution in Alabama, then a penalty of five years incarceration in a state corrections facility with no provision for probation will be added on to penalties for the underlying crime.
- Additional penalty for unlawful sale within three-mile radius of public housing project, Code of Alabama § 13A-12-270 — If an unlawful sale was within a three-mile radius of a public housing project owned by a housing authority, then a penalty of five years incarceration in a state corrections facility with no provision for probation will be added on to penalties for the underlying crime.
Even if an alleged offender has no previous criminal history and the supposed sale to a minor was a completely isolated incident, it will still be critical to explore all possible defenses as prosecutors are unlikely to offer any leniency in pursuing these types of charges. This is an area in which Law Offices Of Segal & Segal truly excels, and some of the possible defenses that could result in these criminal charges being reduced or completely dismissed include, but are not limited to:
- Alleged illegal drug was not actually a controlled substance
- Alleged offender had no intent to distribute drugs
- Illegal search and seizure
- No evidence alleged offender sold, furnished, or gave controlled substance to a minor
Find a Sale of Drugs to a Minor Lawyer in Huntsville
Have you been charged with allegedly selling or giving a controlled substance to a minor in Alabama? Do not delay in seeking legal counsel.
Law Offices Of Segal & Segal fights for clients all over Huntsville and surrounding areas such as Decatur, Athens, Scottsboro, New Hope, Albertville, Madison, and more. Call (256) 533-4529 or send us a message online right now to have our Madison County drug distribution to a minor attorneys review your case during a free consultation.