Florida is one of the states in the U.S.A. with the harshest laws surrounding controlled substances, partly because of the way it is located so close to drug trafficking activity south of the border. The various crimes concerning illegal drugs in Florida are complex. This is because the type of crime and the severity of their consequences will vary depending on the type and weight of the controlled substance – and many prescription drugs also count as controlled substances.
Depending on the weight and type of the specific drug, you can risk anywhere from a charge of possessing illegal drugs with the intent to sell or deliver, all the way up to drug trafficking charges. All of these Florida drug crimes carry long mandatory minimum sentences in prison, astronomical fines, and a permanent felony charge on the criminal record that cannot be removed, sealed, or expunged.
However, with the right Orlando criminal defense attorneys on your side, you could stand a good chance of getting the criminal charges against you diminished or dismissed entirely. Here at The Law Place, our law firm has a long history of success in these types of drug crimes. We can use our wisdom, experience, and skill to help you too.
For more information, call us today for a free initial consultation. We will talk you through your case on a no-obligation basis and all your personal information is protected by the attorney-client confidential relationship. Our lines are always open at (941)-444-4444!
The Statute Detailing Florida Law for Controlled Substance Crimes
The Florida drug laws are laid out in Florida Statute 893.13.
This statute shows that Florida law will punish drug charges differently depending on the weight and type of the specific controlled substance. We will share an example in the section below to illustrate this.
Example: Drug Crimes Involving Cocaine in Florida
We will now show the boundaries of the various type of drug crime using cocaine as an example.
If someone is caught with an amount less than twenty-eight grams of cocaine, they will face drug charges amounting to a third-degree felony. This is because anything less than 28 grams of cocaine is considered personal use.
However, once you exceed twenty-eight grams of cocaine in your possession, this is considered drug trafficking. If you are found guilty of drug trafficking charges, you face a first-degree felony.
Things can become muddier if you are found with less than twenty-eight grams of cocaine in your possession but the evidence suggests you are dealing. This is where possession with intent to sell charges come in. Similarly, you can be accused of possession with the intent to sell, manufacture or deliver.
First-Degree Felony Consequences
If you are successfully convicted of a first-degree felony, you can expect the following consequences:
- A prison sentence of thirty or more years.
- A fine as high as the $10,000 limit set out in Florida Statute 775.083.
- A felony mark on your permanent criminal record that is legally impossible to erase.
We’re here to serve you. Our phones are open 24 hours a day. Second-Degree Felony Consequences
If you receive a successful conviction for a second-degree felony, you can expect the following consequences:
- A prison sentence of up to fifteen years.
- A fine as high as the $10,000 limit set out in Florida Statute 775.083.
- A felony mark on your permanent criminal record that it is legally impossible to erase.
We’re Florida’s top litigation team with over 75 years of combined experience Third-Degree Felony Consequences
Even the lowest of the felonious guilty verdicts, the third-degree felony, still carries dire consequences. You can expect the following:
- A prison sentence thirty of up to five years.
- A fine as high as $5,000.
- A felony mark on your permanent criminal record that it is legally impossible to erase.
From the initial call to updates on your case status, we are here to get you answers. The Consequences of a Felony Conviction on Your Criminal Record
Jail time and fines are the obvious consequences of receiving a felony from Florida drug charges. However, a felony conviction for a Florida drug crime will impact you in a number of other ways.
Foremost, it will impact your ability to acquire gainful employment. This is because all future potential employers will be able to see the felony on your record. This will impact the way they make their employment decisions.
As mentioned above, there is no legal process for removing a felony from your criminal record under Florida law.
As well as impacting your employment, felons are not able to:
- Vote in state or federal elections.
- Hold public office.
- Get a number of specialist permissions or licenses.
- Obtain a firearm legally.
After receiving a felony conviction, you may have served your prison sentence and paid your fine in full, but the consequences of your drug crimes will continue to follow you. That is why it is vital that you secure an experienced criminal defense attorney to stand the best chance of getting the charges leveled against you either diminished or completely dismissed.
The Types of Drug Offenses Under Florida Law
There are several different types of Florida drug crimes. It is not uncommon for someone to receive more than one criminal offense, if their alleged actions fit more than one category.
The Florida drug crimes include:
- Possession of drug paraphernalia – which means any equipment that was designed to store, manufacture, deliver, produce, conceal, sell, transport, cultivate or plant a controlled substance.
- Drug possession.
- Drug possession with intent to sell.
- Drug trafficking.
- Manufacturing a controlled substance.
How to Find Out Exactly What Consequences to Expect from Your Drug Conviction
As we have covered in the sections above, drug offenses under Florida law carry severe penalties that vary based on a number of factors. This can make it difficult to predict the worst consequences should you receive a guilty conviction.
The best way to find out exactly what you are up against is to speak to a criminal defense attorney from our law firm as soon as possible. We offer a free consultation service to everyone who is interested. We will discuss the details of your illegal substances case and let you know what is likely to happen.
All of our free consultations take place under no obligation. They are completely free and your personal information is protected by the attorney-client relationship of confidentiality.
What Are Mandatory Minimum Sentences?
In Florida, drug crimes are subject to mandatory minimum sentencing laws.
This means that the judge is unable to decide the length of time a person is sentenced to prison for. In other words, they are not legally allowed to be lenient on illegal drug offenders. Each level of drug possession charge has a pre-defined prison sentence attached, and this will be the sentence served if a guilty verdict is reached.
This also means that the only way you can achieve a lower prison term for crimes involving illegal drugs is by getting your charges themselves reduced.
The Five Drug Schedules in Florida
Controlled substances in Florida are divided into five different categories, called Schedules. These begin at Schedule I and end at Schedule V.
Schedule I drugs are said to carry the highest level of potential physical harm and severe psychological and/or physical dependence, while Schedule V are said to carry the lowest.
We will talk through the five Schedules in the sections below and give examples of the drugs belonging to each category.
Schedule I Drugs
Schedule I drugs are deemed to carry the highest risk of addiction and harm. Most of the time, they also do not have any currently-accepted medical use.
Drugs belonging to Schedule I include:
- Crack cocaine.
- LSD.
- Heroin.
Schedule II Drugs
Schedule II drugs are still deemed to carry high psychological dependence, physical addiction, and harm potential.
The main difference between them and Schedule I drugs is that many Schedule II drugs do have a currently accepted medical use – however, this is usually a severely restricted medical use or only when legally prescribed as prescription drugs.
Drugs belonging to Schedule II include:
- Adderall.
- Oxycodone.
- Fentanyl.
- Ritalin.
Schedule III Drugs
Schedule III drugs are the middle ground in terms of harm and addiction potential. Again, this category of controlled substances contains many prescription drugs.
Drugs belonging to Schedule III include:
- Anabolic steroids.
- Ketamine.
- Some stronger codeine-based substances.
Schedule IV Drugs
Schedule IV drugs are said to carry limited physical and psychological dependence and harm risk. Once again, prescription drugs can be found in this category.
Drugs belonging to Schedule IV include:
- Talwin.
- Ambien.
- Valium.
- Xanax.
Schedule V Drugs
Schedule V drugs carry the least risk of addiction and harm. However, a drug involved in this Schedule can still cause severe consequences – especially in conjunction with major drug crimes like drug trafficking.
Drugs belonging to Schedule V include:
- Lyrica.
- Motfen.
- Lomotil.
Common Criminal Defense Strategies for Controlled Substance Crimes
As crimes dealing with drug possession or drug trafficking are common in Florida, there are a number of precedents in place for defending alleged perpetrators in court.
Common drug possession criminal defense strategies include:
- Proving that the law enforcement officers or federal agents involved in the case were acting in a way that constitutes entrapment.
- Challenging the ownership and possession of the drug or drug paraphernalia in question.
- Showing that the drug mentioned in the police report was misidentified or weighed incorrectly.
- Disputing the police procedures used to acquire the evidence. It is possible that the evidence will be inadmissible if the officers did not have probable cause or an appropriate warrant for searches or seizures.
- A case of mistaken identity.
It is important to remember that these are only precedents of past successful defenses. Legal representation provided by a law firm worth hiring will provide a personalized defensive strategy to give you the best chance of achieving a positive outcome based on the specific details of your case.
The Burden of Proof in Florida Drug Proceedings
Unlike in civil cases, the burden of proof is strong with criminal cases. This means that the prosecution must be able to show that the defendant in the case is guilty beyond any reasonable doubt before they can successfully secure a conviction.
This is good news, as it gives your lawyer an opportunity to challenge the evidence. If that evidence is challenged to the point where doubts about your guilt arise, the chances of getting your conviction dismissed or diminished are strong.
Call The Law Place Today
If you have been accused of any drug crime – from possession all the way up to drug trafficking or accusations of your intention to sell, manufacture or deliver controlled substances – you need the best legal representation you can get. The penalties for not doing so could be severe and may follow you for the rest of your life.
Here at The Law Place, our experienced team has the skills and wisdom to assemble an aggressive defense to attempt to get your charges diminished or dismissed. To find out how we can help you specifically, call (941)-444-4444 for a free case evaluation.
