Felony Drug Charges

Bodily Harm Caused by Distribution of Drugs

Felony Drug Trafficking, Manufacturing and Distribution Defense Lawyer

In recent years, the market for illegal drugs has been as dangerous and lethal as any time in history. Fentanyl overdoses have shocked communities across Minnesota as there have been cases where multiple deaths are linked back to one distributor. Law enforcement and the courts have responded with swift and brutal punishments to those accused of drug manufacturing or distribution.

Minnesota Statute 609.228 - Great Bodily Harm Caused By Distribution of Drugs

The penalty for distributing drugs that cause harm is stated as not more than 10 years in prison and not more than $20,000 in fines. However, as recently as September 2022 a Minnesota man was sentenced to life in prison after fentanyl sales traced back to him lead to the death of 11 people. The man was charged on 17 counts that included:

  • Conspiracy
  • importation of fentanyl possession with intent to distribute fentanyl
  • distribution of fentanyl resulting in death
  • distribution of fentanyl resulting in serious bodily injury and
  • possession with intent to distribute controlled substance analogues.

The point being that in certain cases prosecutors can stack and overlap charges against you so you are facing the rest of your life in prison. This is obviously no time for a second rate or inexperienced lawyer. Mark D. Kelly has been working to aggressively protect the rights of people accused of drug distribution and manufacturing for over 25 years. He has a long track record of challenging the legality of searches, which is the most effective defense in most drug and controlled substance cases.

You only get one shot at your defense. Make sure you have experience, know how and a track record of wins on your side.

Showing That You Are Not Going to Be a Repeat Offender

When possible, our approach is to work with the accused to get them on a better course before appearing before the judge. Promising you’ll do better is one thing, but showing up to court clean and sober with an in-tact record of attending addiction counseling can impress, or at least soften the approach of even the harshest of judges.

Degrees of Drug Possession

In Minnesota, a great majority of drug possession charges are classified as a felony. This can lead to harsh penalties and devastating effects on the accused person’s day to day life. Outside of the possession of less than 42.5 grams of marijuana, any illegal drug will qualify as a fifth degree drug possession, which is a felony. See the table below for more information:

Degree Max Prison Max Fine  
1 30 Years $1,000,000

POSSESSION of 50+ grams of cocaine or meth; 25 grams of heroin; 50kg or 500 plants of marijuana.

SALE of 17+ grams cocaine or meth; 10 grams of heroin, 50 grams of other narcotics; 200 doses of a hallucinogen; 25 kg of marijuana

2 30 Years $500,000

POSSESSION of 25+ grams cocaine or meth; 6 grams of heroin, 50 grams other narcotics; 100 doses of a hallucinogen, 25 kg or 100 plants of marijuana.

SALE of 3+ grams heroin, 10 grams any other narcotic, 50 doses of hallucinogen; 10 kg marijuana.

3 20 Years $250,000

POSSESSION of 3+ grams of heroin, 10 grams of any other narcotic, 10 kilos of marijuana.

SALE of ANY amount of a narcotic, 5 or more kg of marijuana.

4 15 Years $100,000

POSSESSION of 10 or more doses of a hallucinogen;any amount of a schedule 1, 2 or 3 controlled substance with intent to sell, or

SALE of any Schedule 1, 2 or 3 drug.

5 5 Years $10,000

Possession of any drug other than 42.5 grams or less of marijuana. Sale of any amount of marijuana.


Aggressive Defense for Drug Charges and Search Related Issues

If you are charged with drug possession or sales, a defense attorney on your side is absolutely crucial. The unique advantage that Mark D. Kelly holds over some other attorneys is his extensive experience in suppressing evidence due to search issues. In most drug cases, the evidence is the whole case. When Mark can prove that the police acted illegally and violated your rights in collecting that evidence, we can get it thrown out. When we get drug evidence thrown out, most of the time the entire case collapses and the charges are dismissed.

Contact Us Today

We Look Forward to Helping you Resolve Your Issue.
Contact Us Today to Take the First Step

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.