News

Federal Sentencing Enhancements for Drug Crimes Involving Violence or Threats

When it comes to drug charges in federal court, the penalties are already steep. But when violence or even the threat of violence is involved, the consequences can escalate quickly. Prosecutors and judges take drug-related violence seriously, and enhancements under the U.S. Sentencing Guidelines can add years or even decades to a defendant’s sentence.

At Glozman Law, we defend individuals facing complex federal drug charges, including cases where violent conduct is alleged. Here’s what you need to know about how violence impacts sentencing in federal drug prosecutions.

What Is a Sentencing Enhancement?

A sentencing enhancement is an increase in the penalty range based on certain aggravating factors. In federal drug cases, the presence of violence whether it’s physical force, threats, or weapon use can lead to multiple enhancements under the U.S. Sentencing Guidelines.

Types of Violent Conduct That Trigger Enhancements

• Actual Violence: If the defendant committed or attempted to commit an assault, kidnapping, or murder during a drug offense, it can significantly increase their sentencing range.

• Threats or Intimidation: Even without physical contact, threatening a witness, informant, or rival during a drug transaction can be enough to trigger a violence enhancement.

• Firearm Possession: Under §2D1.1(b)(1) of the Guidelines, if a firearm is found in proximity to the drug offense even if it wasn’t brandished or discharged the court may assume it was connected to the crime and impose a two-level enhancement.

• Use of Minors or Coercion: Involving minors or using force to recruit others into the drug trade can lead to further upward adjustments.

How Much Time Can Be Added?

The increase in sentencing varies depending on the level of violence and the base offense level. For example:

• A 2-level enhancement for gun possession might increase a sentence by several years.
  
• Multiple enhancements can stack adding time for both possession of a weapon and acts of violence.
  
• Under 18 U.S.C. § 924(c), brandishing or discharging a firearm during a drug trafficking offense triggers mandatory minimums (7 years for brandishing, 10 years for discharge), which must run consecutively to any other sentence.

The Government’s Advantage And Your Defense

Federal prosecutors have broad authority and often leverage these enhancements to pressure defendants into plea deals. But an experienced federal defense attorney can push back:

• Was the firearm actually connected to the drug offense?
• Were the alleged threats misinterpreted or exaggerated?
• Is there evidence the violence was committed by someone else?

We challenge weak government claims and fight to keep enhancements off the table—or get them reduced.

Why Glozman Law?

Federal drug cases are high-stakes especially when violence is alleged. At Glozman Law, we specialize in federal criminal defense and know how to navigate the complex intersection of drug law and sentencing enhancements. Our goal is simple: protect your rights, reduce your exposure, and fight for the best possible outcome.

If you’re facing federal drug charges involving violence or weapons, contact us today for a confidential consultation.