Michael W. Bouldin, Attorney at Law
Michael William Bouldin
Get The Help You Need 859-581-6453
Michael W. Bouldin, Attorney at Law
Michael William Bouldin
Get The Help You Need 859-581-6453
Enhanced Trafficking and Aggravated Trafficking in Kentucky

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Enhanced Trafficking and Aggravated Trafficking in Kentucky

by | Apr 17, 2024 | CRIMINAL DEFENSE |

Aggravated Trafficking has to do with controlled substances and the amount found of certain substances such as heroin, fentanyl or carfentanil or fentanyl derivatives.  Enhanced trafficking on the other hand is a term to enhance the penalties of any trafficking charge if a handgun is involved.
KRS 218A.142 Aggravating Trafficking
(1) A person is guilty of aggravated trafficking in a controlled substance in the first degree when he or she knowingly and unlawfully traffics in:
(a) One hundred (100) grams or more of heroin;
(b) Twenty-eight (28) grams or more of fentanyl; or
(c) Ten (10) grams or more of carfentanil or fentanyl derivatives.
(2) Aggravated trafficking in a controlled substance in the first degree is a Class B felony, and:
(a) The defendant shall not be released on probation, shock probation, conditional discharge, or parole until he or she has served at least fifty percent (50%) of the sentence imposed where the trafficked substance was heroin; or
(b) The defendant shall not be eligible for pretrial diversion, and shall not be released on probation, shock probation, conditional discharge, or parole until he or she has served at least eighty-five percent (85%) of the sentence imposed where the trafficked substance was fentanyl, carfentanil, or fentanyl derivatives.
KRS 218A.992 Enhancement of penalty when in possession of a firearm at the time of commission of offense.
(1) Other provisions of law notwithstanding, any person who is convicted of any violation of this chapter who, at the time of the commission of the offense and in furtherance of the offense, was in possession of a firearm, shall:
(a) Be penalized one (1) class more severely than provided in the penalty provision pertaining to that offense if it is a felony; or
(b) Be penalized as a Class D felon if the offense would otherwise be a misdemeanor.
(2) The provisions of this section shall not apply to a violation of KRS 218A.210 (controlled substances in original container), 218A.1450 (trafficking salvia), 218A.1451 (possession salvia), or 218A.1452 (salvia cultivation).
If you have been charged with ANY trafficking or possession offense, you should hire an experienced criminal defense attorney. For consultation and representation in Northern Kentucky, contact Michael Bouldin link or call 859-581-MIKE (581-6453).

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