In a society grappling with the challenges of drug misuse, laws surrounding the sale, purchase, manufacture, delivery, and possession of illegal drugs have become stringent. Amid these rigorous statutes is the critical factor of ‘intent.’ Whether you’re intentionally involved in a drug crime or find yourself mistakenly embroiled in one, understanding the intricacies of the law and its consequences becomes imperative. This article delves deep into these aspects, shedding light on the nuances and providing guidance for those seeking clarity and assistance.
Navigating the complex terrain of drug-related laws can be overwhelming. At The Law Place, we stand beside you as both guide and protector. Don’t wade through this journey alone or leave your future hanging in the balance. Reach out today for a free consultation and let an experienced Sarasota criminal defense lawyer be the ally you need in securing the best possible outcome for your situation. Your future deserves more than guesswork – it deserves The Law Place.
Florida Statute, Section 893.13(1)(a)
Florida Statute, Section 893.13(1)(a) forms a cornerstone of the state’s drug laws and addresses the sale, manufacture, and delivery of controlled substances. This specific provision criminalizes the sale, manufacture, or delivery, or possession with intent to sell, manufacture, or deliver, a controlled substance. Contravening this statute can have serious consequences, depending on the specific drug and the quantity involved.
It’s essential to note that the term “controlled substance” encompasses a wide range of drugs, as defined by Florida law. These include, but are not limited to, marijuana, cocaine, heroin, methamphetamine, and certain prescription drugs when possessed outside of valid prescriptions.
Penalties for violating Section 893.13(1)(a) vary, but the severity of punishment is often influenced by several factors:
- Type of Drug: Different drugs are classified into “schedules” based on their potential for abuse and accepted medical use. Penalties can differ significantly based on the drug’s schedule classification.
- Quantity: The amount of the drug in possession can alter the charges from simple possession to trafficking, which carries steeper penalties.
- Location of Offense: Committing the offense near specific zones, such as schools or churches, can amplify the penalties.
- Previous Convictions: Individuals with prior drug offenses or other criminal records may face harsher consequences.
Given the gravity of charges under Section 893.13(1)(a), it’s crucial for individuals to be aware of their rights and the possible legal defenses available. Examples of defenses include challenging the legality of searches that uncovered the drugs or questioning the accuracy of the quantity or type of drug identified by the prosecution.
It’s also imperative for those facing charges under this statute to consult with a knowledgeable attorney, experienced in Florida’s drug laws, to navigate the complexities and ensure that their rights are upheld throughout the legal process.
Penalties for a Conviction for Sale, Purchase, Manufacture, Delivery or Possession of Illegal Drugs with Intent
If you are convicted of a first-degree misdemeanor, you could spend up to one year in jail, be sentenced to up to a year of probation, and could pay a maximum fine of $1,000. If you are convicted of a third-degree felony, you could be sentenced to up to five years in prison, up to five years of probation, and could pay a maximum fine of up to $5,000.
If you are convicted of a second-degree felony, you could spend up to fifteen years in prison, you could be sentenced up to fifteen years of probation, and you could pay a fine as large as $10,000.
The consequences for a conviction for sale, purchase, manufacture, delivery or possession of illegal drugs with Intent do not stop at your sentence. Once you are released from jail or prison, you will find it very difficult to obtain employment, rent a home, work with children, obtain a professional license, or go to college on a federal student loan.
We’re here to serve you. Our phones are open 24 hours a day. Elements Required to Prove Sale, Purchase, Manufacture, Delivery or Possession of Illegal Drugs with Intent
In order to prove you committed the offense of Sale, Purchase, Manufacture, Delivery or Possession of Illegal Drugs with Intent, the following elements must be established by the prosecution:
- You possessed a substance, and you intended to sell, manufacture or deliver that substance;
- The substance was a controlled substance, under Florida Statutes; and
- You were aware the substance was a controlled substance.
To “sell” something means to deliver or transfer the item to another person in exchange for money, something of value, or a promise of money or something of value. The term “possession” means you had personal control over the substance. Florida law enforcement generally used the following to show intent:
- You had large amounts of cash, either on your person, in your home or in your vehicle in close proximity to where the drugs were located;
- There were packaging items in close proximity to the drugs, such as baggies;
- There was drug paraphernalia in your home, your car, or on your person, including testing kits, rolling papers, scales, balances or mixing devices;
- There were weapons in your possession;
- People associated with you told law enforcement you had intent to sell, purchase, manufacture or deliver; or
- There were sufficient amounts of controlled substances found to indicate intent.
We’re Florida’s top litigation team with over 75 years of combined experience What The Law Place Can Do For You
In the intricate maze of the legal system, particularly when faced with serious allegations, you need more than just a lawyer. You need a trusted partner, an ally who can navigate the treacherous waters of the judiciary with experience and dedication. The Law Place stands out in this role, offering a unique blend of experience, commitment, and personalized attention to ensure that your interests are best represented. Here’s a detailed breakdown of what The Law Place can offer:
- In-Depth Case Evaluation: Before delving into legal strategies, our team invests significant time in understanding the specifics of your case. Each detail is meticulously examined to ensure that no evidence, however minor it might seem, is overlooked.
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- Personalized Defense Strategy: Recognizing that every case is unique, The Law Place doesn’t adopt a one-size-fits-all approach. Instead, we customize our defense strategies based on the specific challenges and strengths of your case.
- Open Communication: Legal jargon can be overwhelming. Our commitment extends beyond court representations. We believe in keeping you in the loop at every step, demystifying legal terminologies, and ensuring you’re well-informed and comfortable throughout the process.
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In a nutshell, choosing The Law Place means more than just hiring an attorney. It means securing a partner who will stand by you, fight for you, and ensure that your voice is heard and your rights are protected. Whether you’re facing minor allegations or grave charges, our commitment to justice remains unchanged. With The Law Place, you’re not just another case number; you’re a valued individual deserving of the best legal representation.
From the initial call to updates on your case status, we are here to get you answers. sarasota sale purchase manufacture delivery or possession of illegal drugs with intent lawyer, FAQ
What are drug crimes in Sarasota?
Drug crimes encompass a range of offenses related to the manufacture, distribution, possession, or sale of controlled substances. Sarasota has stringent laws concerning these offenses, often leading to serious penalties upon conviction.
How does drug trafficking differ from drug possession in Sarasota?
While drug possession typically concerns having a controlled substance for personal use, drug trafficking involves larger quantities and usually indicates the intent to distribute or sell drugs. Trafficking offenses usually carry heavier penalties compared to simple possession charges.
What is a Schedule II controlled substance?
A Schedule II controlled substance refers to drugs that have a high potential for abuse, potentially leading to severe psychological or physical dependence. Examples include cocaine, methamphetamine, and certain opioids. The penalties for offenses involving Schedule II substances can be severe.
I didn’t physically have the drugs on me. Can I still face charges?
Yes, Florida law recognizes what’s called “constructive possession.” Even if a law enforcement officer didn’t find drugs directly on your person, you could still face charges if it’s believed you had knowledge of the drugs and control over their location.
Is there a difference between possession and possession with the intent to sell drugs?
Absolutely. Possession indicates you had the drugs for personal use. However, possession with the intent suggests you planned to distribute or sell drugs. Factors like the amount of the drug, packaging, scales, or large sums of money can imply intent.
What should I do if I’m facing drug crime charges in Sarasota?
Engaging with a Sarasota criminal defense lawyer is crucial. Given the intricacies of drug laws and potential penalties, having experienced legal representation ensures your rights are protected and you have the best chance for a favorable outcome.
Can a law enforcement officer arrest me based on suspicion alone?
Generally, a law enforcement officer needs probable cause to make an arrest. Mere suspicion isn’t usually enough. If you believe you were wrongfully arrested or that your rights were violated during the arrest, it’s vital to inform your defense lawyer.
How can a Sarasota criminal defense lawyer assist me with my drug crime charges?
A knowledgeable Sarasota criminal defense lawyer can review evidence, challenge unlawful search and seizures, negotiate plea deals, craft a strategic defense, and represent you in court, ensuring your rights are upheld throughout the legal process.
Getting the Criminal Defense Help You Need from The Law Place
If you have been charged with Sale, Purchase, Manufacture, Delivery or Possession of Illegal Drugs with Intent, it is crucial that you contact a criminal defense attorney from The Law Place as soon as possible. These are very serious charges, which could place you behind bars for a significant amount of time.
Rather than have your entire future derailed, call defense attorneys at The Law Place today at 941-444-4444 so a highly experienced criminal defense attorney can begin building a solid defense on your behalf.
