If you have been arrested and are being charged with a drug crime that includes the accusation of delivering illegal drugs with the intent to sell them, you will be up against some of the toughest laws in Florida. Due to high overdose rates and a location near prime drug smuggling routes, Florida takes drug crimes incredibly seriously. The penalties you can expect will vary based on the type of drug in question and how much it weighs.
If you are found with any amount of drugs, qualifying from trafficking to personal use, you will need an experienced criminal defense attorney with thorough knowledge of the Florida Statutes that regulate drug crimes. Here at The Law Place, our team of drug crime attorneys has over 75 years of combined experience negotiating Florida drug laws to get our client’s charges either downgraded in severity or dropped.
To find out how we can help you, call our law firm as soon as possible and schedule a free consultation to discuss your Florida drug case. Every call is totally free, with no obligation, and entirely confidential under the stipulations of the attorney-client relationship.
Our lines are always open. Call our main office today for a free consultation and legal advice. The number is (941) 444-4444.
How the Severity of Drug Charges Are Handled Under Florida Law
For those accused of drug crimes in Florida, the severity of the penalties and consequences you can expect to receive will vary depending on the type of controlled substance you were allegedly in possession of as well as the amount of drugs in terms of weight.
The exact details regarding the differences that type of drug and weight can make are found in Florida Statute 893.13. As a quick example, we will contrast the penalties for being caught in possession of marijuana and cocaine in St. Petersburg, FL.
If the amount of marijuana in your possession is less than 20 grams, it is likely you will be charged with a first-degree misdemeanor with a maximum prison sentence of 1 year along with a $1,000 maximum fine. However, if you are found with more than 20 grams, the offense enters felony territory – again, whether it is a first, second, or third-degree felony depends on the amount you are caught with.
In contrast, any amount of cocaine that is under 28 grams is a third-degree felony offense. This carries up to a 5-year prison sentence, a $5,000 fine, and a permanent felony mark on your criminal history. Any amount greater than 28 grams will either be a second-degree felony or a first-degree felony.
As you can see, severe penalties for drug crimes are possible with a great range of possibilities depending on the type and weight of the controlled substance. To find out exactly where you stand with your St. Petersburg drug crime charges, call our law firm today for a free consultation and free legal advice specific to your situation.
Florida’s Five Drug Schedules for Controlled Substances
When it comes to drug-related crimes in Florida, the schedule of the controlled substance is usually a big indicator of how severe the charges and penalties against you will be.
Controlled substances in Florida fit into one of five schedules, starting at the most severe with Schedule I and going down to Schedule V. Controlled substances are placed in these schedules according to the government’s perception of their potential for harm, abuse, addiction, and dependency.
We will now give a brief overview of how some common types of controlled substances fit into the five schedules:
- Schedule I – MDMA, LSD, crack cocaine, and heroin.
- Schedule II – Fentanyl, Ritalin, morphine, and methadone.
- Schedule III – Codeine, ketamine, and anabolic steroids.
- Schedule IV – Valium, Xanax, Lorazepam and Diazepam.
- Schedule V – Motfen, cough syrups containing codeine, and Lyrica.
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The Penalties for a Guilty Conviction for Drug-Related Crimes in Florida
As stated above, if you have been charged with drug crimes in Florida, the consequences will vary depending on the specifics of your case.
The following is a list of the different consequences for each felony level or a misdemeanor offense:
First-Degree Felony
- Up to 30 years in prison.
- Up to a $10,000 fine, as stipulated in Florida Statute 775.083.
- A felony on your permanent criminal record.
Second-Degree Felony
- Up to 15 years in prison.
- Up to a $10,000 fine.
- A felony on your permanent criminal record.
Third-Degree Felony
- Up to 5 years in prison.
- Up to a $5,000 fine.
- A felony on your permanent criminal record.
First-Degree Misdemeanor
- Up to 1 year in prison.
- Up to a $1,000 fine.
With the help of high-quality criminal defense attorneys from a reputable law firm, it is possible to get your offense downgraded in severity or even dropped entirely in some cases. To find out more, contact a lawyer from our law firm for a free case evaluation today.
We’re Florida’s top litigation team with over 75 years of combined experience
What It Means to Have a Felony on Your Criminal Record
If you are successfully convicted by the prosecution for a felony-level drug-related crime in Florida, the mark on your permanent criminal record will follow you across America for the rest of your life.
Unfortunately, there is no way to get a guilty conviction sealed or expunged once you have received it. This will have the following impacts on your future:
- You will find it harder to achieve competitive and gainful employment, as employers will be able to see this record.
- You will have a harder time securing any kind of lending, including bank loans and mortgages.
- It can impact future court cases, especially in family law situations, such as custody battles.
- You may have a harder time obtaining specialized licenses and permits.
This is why it is so important to beat any felony-level drug charges. The penalties of a felony on your record can severely hinder the rest of your life. To find out how a criminal defense attorney from The Law Place can help you, contact our law firm today.
From the initial call to updates on your case status, we are here to get you answers.
How Is Intent to Sell Proven When It Comes to Florida Drug Charges?
If you have been charged with possession of a controlled substance with intent to sell or deliver, there are certain ways that the prosecution can prove that you had the intent to sell.
These are as follows:
- The person accused of drug possession with intent to sell had large amounts of cash hidden upon their person or in a nearby space such as a motor vehicle, home, or spot near the location of the controlled substance.
- The person accused of drug possession with intent to sell had drug packaging equipment nearby.
- The person accused of drug possession with intent to sell had other drug paraphernalia nearby. Drug paraphernalia, in this case, may include scales, rolling papers, mixing devices, or test kits.
- The person accused of drug possession with intent to sell was also in possession of weapons.
- Law enforcement was tipped off by another person involved in the drug trafficking or sale scheme.
- The amount of the controlled substance involved in the drug possession case was large enough to demonstrate intent to sell or deliver.
How Does an Attorney Defend Someone Accused of Drug Possession or Delivery With Intent to Sell?
There are a number of defense precedents for an attorney to draw upon when it comes to drug possession with intent cases.
However, an attorney from The Law Place will always personally tailor your defensive strategy to the exact circumstances of your case in order to give you the greatest chance of getting the severity of your charges decreased. This may mean drawing on established precedents, combining them, or exploiting case-specific avenues of defense.
Remember, when it comes to drug crimes and other charges, the prosecution has the burden of proof and must prove beyond a reasonable doubt that the defendant committed the offense in order to secure a guilty conviction. This gives your attorney a large amount of room to cast doubt and bring up questions about the evidence.
The common defenses for those accused of attempting to sell or deliver a controlled substance are:
- Situations where law enforcement either incorrectly weighed or identified the controlled substance in question, or there was some flaw in the method by which they did this.
- Law enforcement failed to carry on their jobs within the legal parameters. This may be a case of entrapment or an illegal search and seizure without the proper warrant, which would make the evidence inadmissible in court.
- Situations where the defendant accused of the offense was actually misidentified.
- Situations where the controlled substance allegedly in the possession of the defendant did not belong to them.
The Difference Between Simple Possession and Constructive Possession in a Drug Crime Case
In any drug crime where a controlled substance is found, the possession will either fall into the category of simple possession or constructive possession.
Simple possession is where drugs are found on the actual person of the accused, and it is, therefore, harder for your lawyer to argue their way out of it.
However, constructive possession covers cases where the drugs are found in a potentially communal area, such as a car or shared communal living space.
In cases of constructive possession, the following three factors must be proven by the prosecution:
- That the defendant had direct control over the drugs located in the communal space.
- That the defendant was fully aware that the drugs were in this space.
- Finally, that the defendant knew the illegal status of these drugs.
If the prosecution is unable to prove all of the above, it is likely that the drug crime and its related penalties will either be diminished in severity or dropped.
Mandatory Minimum Prison Sentences for Florida Drug Crimes
Another thing that makes the penalties for a successful drug crime conviction in Florida particularly nasty is Florida’s rules in regards to mandatory minimum prison sentences. This means that your individual judge can never demonstrate any nuance or leniency in their sentencing.
However, all is not lost. You can still technically have your sentence reduced if your lawyer is able to get the actual charges against you lessened. To do this, you need to secure the support of an experienced and capable lawyer as soon as possible and get to work on creating the strongest defensive case available to you.
How Much Will Legal Counsel From The Law Place Cost?
We are sorry to say that we cannot give you an exact price for the cost of a criminal defense lawyer on this website. This is because no two drug crime cases are the same.
Every client will have a different type of alleged substance in a different amount and will have their own individual peculiarities surrounding their case, as well as different criminal histories.
However, The Law Place is fully committed to our core values of trust and honesty. We also believe that everybody in Florida should have access to a high-quality criminal defense attorney, no matter what their financial situation.
For this reason, we will always fully disclose the total price of your legal defense immediately following your free case evaluation. The number you receive will be your final price, with no added costs or hidden fees to surprise you around the corner. Furthermore, if you are worried about not being able to afford counsel, we are happy to set up a personalized payment plan to suit your needs.
If you are under the false impression that legal defense is not worth the cost, consider the expense of wages lost to time in prison, as well as huge fines and the possibility of a criminal record, which will continue to hinder your employment prospects for the rest of your life.
Contact The Law Place Today
If you have been accused of delivering a controlled substance with the intent to sell, you need the help of an experienced lawyer to avoid huge fines, lengthy prison sentences, nasty mandatory minimum charges, and a permanent criminal history.
To get your defense process started, all you need to do is call our office today to arrange a free consultation. Every consultation is completely free of obligation and entirely confidential. Our lines are always open, and we are waiting to help you.
To find out more about how an attorney can help you to stand the best chance of getting your charges lessened or dismissed, call us today at (941) 444-4444!
