Over the last couple of decades, the abuse of prescription drugs has become a significant problem in the United States. Instead of seeking illicit street drugs such as heroin, cocaine, and methamphetamine, many drug users are now turning to legal drugs such as Xanax or oxycodone. While these drugs are manufactured and distributed legally to patients with a valid prescription, possession, sale, or trafficking of prescription drugs without a valid prescription is certainly not legal. If you have been charged with the delivery or sale of oxycodone you should know what the potential punishment for trafficking oxycodone in Nebraska is so that you understand how important it is to launch an aggressive defense in your case.
Like all states, Nebraska classifies controlled substances such as oxycodone into “schedules” with substances listed in Schedule I having the highest risk of abuse or addiction and no known medical value. Oxycodone is a Schedule II controlled substance, meaning it has a high potential for abuse but that it also has a currently accepted medical use in the United States.
Nebraska Revised Statute 28-416 makes it illegal to “manufacture, distribute, deliver, dispense, or possess with intent to manufacture, distribute, deliver, or dispense a controlled substance; or (b) to create, distribute, or possess with intent to distribute a counterfeit controlled substance.” According to the statute, if the controlled substance involved is a Schedule I, II, or III controlled substance that is also considered an “exceptionally hazardous drug” you will be charged with a Class II felony. Narcotics are considered an “exceptionally hazardous drug” pursuant to the definition of that term found in N.R.S. 28-401.
In the State of Nebraska, conviction of a Class II felony carries with it a term of imprisonment of not less than one year and not more than 50 years. If you were over the age of 18 at the time of the offense and the sale of oxycodone was to someone under the age of 18, or the sale took place near a school, park, or other locations where children are likely to be, the offense can be enhanced to a Class ID felony which carries a minimum term of imprisonment of three years and a maximum term of 50 years.
Other facts and circumstances about you, or the case, may also have a direct impact on the potential sentence you face if convicted, such as prior convictions for a similar offense. For this reason it is imperative that you consult with an experienced Nebraska criminal defense attorney as soon as possible to ensure that you understand the penalties you face if convicted as well as to ensure that your rights are protected throughout the prosecution of your case. Contact Petersen Criminal Defense Law 24 hours a day at 402-509-8070 to discuss your case with an experienced criminal defense attorney.
Attorney Petersen was invited to join the National Advocacy for DUI Defense (NAFDD) organization in 2013. NAFDD vets thousands of lawyers and only chooses those who have achieved stellar results in DUI defense cases. Attorney Petersen was named one of the Top 50 defense attorneys in Nebraska out of more than 5,000.
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