The federal charge of unlawful use of a communication facility is the law commonly used by prosecutors to charge defendants suspected of using a phone for drug dealing.
Specifically referenced under 21 U.S.C. § 843, the offense makes it illegal to knowingly use any communication device like a phone, the mail, or the internet to commit, facilitate, or assist in the commission of a felony drug crime.
If you have been charged with unlawful use of a communication facility under 21 U.S.C. § 843, you are facing serious federal criminal charges with the possibility of years in prison.
To convict on this charge, the government must prove three key elements beyond a reasonable doubt, including:
1. That you knowingly used a specific communication facility, such as making a phone call.
2. That you used the communication with the intent to commit, facilitate, or assist in a specific underlying felony drug crime. The jury must be instructed that the alleged drug crime is a felony offense.
3. That the underlying felony drug crime occurred. However, you don't have to be convicted of the underlying felony.
Importantly, the law defines "facilitate" broadly as making the commission of a drug felony easier or aiding in any way. Even using a phone to get a busy signal when trying to reach a drug dealer can qualify as facilitation.
However, contacting a dealer to get drugs for personal use is not a violation of 21 U.S.C. § 843 because personal use isn't a felony drug crime.
The maximum prison sentence for unlawful use of a communication facility is four years. If the defendant has a previous felony conviction under federal drug laws, the maximum prison sentence is eight years.
Notably, each unlawful use of a communication facility counts as a separate offense. This means a defendant could quickly face a lengthy prison sentence if prosecutors can prove numerous violations of the law.
The charge of unlawful use of a communication facility hinges on these three key elements: Knowingly using a communication facility, intentionally facilitating a felony drug offense, and the occurrence of the underlying felony drug crime itself, even if the individual is not convicted of that crime.
To effectively defend against these charges, a criminal defense strategy should focus on challenging or refuting at least one of the three key elements, as successfully disproving any of these requirements could potentially lead to the dismissal of the charges against the defendant. If a defendant is ultimately convicted, a criminal defense attorney can help them lessen the potential punishment at sentencing.
If you are under investigation or charged with unlawful use of a communication facility related to drugs, you need an experienced defense lawyer on your side. Jeremy D. Koop, a Wichita, Kansas-based defense attorney experienced in federal crimes, will fight to uphold your Constitutional rights.
Contact us to learn more about how we can develop a thorough case strategy.
