If an individual is already being charged with a specified first-degree controlled substance crime and either 1) the crime involved a firearm or 2) the individual has two aggravating factors, they can be charged with an aggravated controlled substance crime in the first degree.
The aggravating factors for controlled substance crimes in Minnesota are:
- The individual has been convicted of a violent crime within the past 10 years
- The offense was committed for the benefit of a gang
- The offense involved separate acts of sale or possession in three or more counties
- The offense involved the transfer of controlled substances across a state or international border and into Minnesota
- The offense involved at least three separate transactions
- The individual occupied a high position in the drug distribution hierarchy
- The individual used their position/status to facilitate the commission of the offense
- The offense involved selling to someone under 18 or a vulnerable adult
- The offense occurred in a school zone, park zone, correctional facility, or drug treatment facility
- The individual or an accomplice possessed evidence (such as paraphernalia or money) that the offense involved quantities substantially larger than the minimum threshold amount
As with all areas of criminal law, there are many nuances when it comes to controlled substance crimes and aggravating factors. If you are facing criminal charges or worried that charges may be forthcoming, reach out to one of our attorneys to discuss your options.