The State of Florida takes drug possession charges very seriously, and, depending on which substance you were caught with in your possession, you should expect to face severe consequences, including up to 30 years of imprisonment. The type and class of the drugs that were found in your possession also determines if you receive a third-degree, second-degree, or even first-degree felony.
Because of the harsh penalties you could receive if convicted of possession of illegal drugs with the intent to sell them, it’s essential that you hire a skilled criminal defense attorney to help you fight the charges. Without their unmatched knowledge of the Florida legal system, it will be much harder for you to avoid conviction and receive a favorable outcome.
At The Law Place, our team of qualified criminal defense lawyers boasts over 75 years of combined experience in fighting drug possession charges on behalf of their clients in Clearwater and all over Florida. By enlisting the help of a criminal defense attorney from our law firm, you can rest assured knowing that our team will fight tirelessly to ensure you get the best outcome possible based on your specific case. So, if you’re facing any type of drug charges, you should call us today to schedule a free consultation. Our phone lines are open all day, every day, so don’t wait to contact us at (941) 444-4444!
What Is Possession of Illegal Drugs With Intent to Sell?
Drug possession with the intent to sell is simply the crime of having drugs that you mean to sell to someone else. Regarding drug crimes in Clearwater, the term “possession” means that the defendant had exercised the right of ownership, management, or control over the substance in question, or they had personal charge of it. The term “sell” is defined as the transfer of something to another person in exchange for money or something of value, or the promise of money or something of value.
It’s a very broad offense and can involve nearly any type of controlled substance, but some of the most common ones in Clearwater are listed below:
- Marijuana, or cannabis.
- MDMA, or ecstasy.
- Prescription medications.
As can be found in Florida Statute 893.03, all drugs are categorized from Schedule I to Schedule V, depending on how harmful they are. This category can impact the type of charge and what sentence you should expect to face. For example, heroin is a Schedule I drug, and so you should expect the maximum charge and penalties if you were caught with heroin in your possession.
You may also face another charge for possession of drug paraphernalia if you were also caught with any object intended for any use surrounding drugs, such as a bong.
What Are the Different Types of Possession in Clearwater, FL?
There are two different types of possession. The prosecution must be able to prove that the defendant had either actual or constructive possession of the substance in question; else, the drug charges may be reduced to a lesser offense or even dropped entirely. Therefore, it is a criminal defense attorney’s job to try to prove that the defendant did not possess the drugs.
The two types of possession are explained below.
Actual possession is where the defendant had actual physical control over the substance. This means it was on their person or body. It also covers a defendant possessing drugs in an item that was on the individual’s body or in clothing that they were wearing, such as inside a purse or wallet.
Constructive possession is usually harder for the prosecution to prove. It involves the three following elements, which the prosecution must be able to prove:
- The defendant knew about the presence of the substance.
- The defendant knew that the substance was an illegal controlled substance.
- The defendant had the intent to take actual possession of the substance and would have been able to do so.
Regardless of whether you were caught in actual or constructive possession of a controlled substance, you should contact The Law Place today for help and schedule a free consultation. Our lawyers will go through the specific details of the charges with you, outlining all your options, and offering you sound advice and guidance. Our criminal defense lawyers will fight on your behalf, determined to get you the best result, whether that be by getting the charges dropped or reduced or making sure you receive only the most lenient penalties possible. So, contact us today!
Elements of Drug Possession With Intent to Sell
When someone is charged with possession with intent to sell, deliver, or manufacture, there are several elements that come into play, which the prosecutor must prove beyond a reasonable doubt. It will be our job to try and prevent them from doing this successfully.
Listed below are the elements required:
- The defendant was in possession of a certain substance and intended to sell, manufacture, or deliver the substance.
- The substance was a controlled substance as defined and listed in Florida Statute 893.03.
- The defendant was aware that the substance was unlawful.
The Florida legal system can be very complex when it comes to drug crimes, and so it’s critical that you contact The Law Place. Our criminal defense lawyers will be able to investigate your case in great depth to ensure that you are treated fairly, and none of your rights were violated. Call us today for a free case evaluation and to talk to an experienced attorney ready to do their best to make sure you receive the best outcome possible.
Factors Indicating Intent to Sell Controlled Substances
The prosecution will need to be able to prove that you were intended to sell or deliver the controlled substance, and to do that, they rely on certain factors surrounding the circumstances of your arrest. They will attempt to use the following factors to prove that you intended to sell or deliver the substances:
- The types of drugs involved.
- The quantities of drugs involved.
- How the drugs were packaged.
- If there was any drug paraphernalia present, such as scales or baggies.
- If there was any U.S. currency (cash) present.
- If there was a firearm or any other weapon present.
- Statements by the defendant admitting that they had the intent to sell the drugs.
The prosecution may also try to use circumstantial evidence in their argument against you. However, an experienced and knowledgeable lawyer will be able to fight this with their own evidence and argument.
What Penalties Could You Face for Possession of Illegal Drugs With Intent to Sell in Clearwater, FL?
As with all criminal charges, the penalties that you face will differ dramatically based on the specific circumstances that surround your particular case. Some of the many factors that could impact your penalty are listed below:
- The type of substance you were found in possession of.
- How much of the substance you had in your possession.
- Where you were when law enforcement found you in possession of it.
- What your intent was in possessing it.
Your sentence would also be based on whether you are charged with a first-degree, second-degree, or third-degree felony. The higher the felony, the harsher the penalties you will face.
The type of felony partly depends on the type of substance that is involved in the case. For example, possessing cannabis with the intent to manufacture, deliver, or sell is usually classed as a third-degree felony, but possessing cocaine is more likely to be a second-degree felony.
As is explained in Florida Statute 893.13, below are the penalties that you could face.
- First-degree – The penalties of a first-degree felony can vary, but you will likely face jail time, usually up to 30 years, and a fine up to $10,000.
- Second-degree – Around 15 years in prison and/or a fine as high as $10,000.
- Third-degree – A prison sentence of up to 5 years and/or a fine reaching $5,000.
For more detailed information specific to your case, you should call The Law Place today to speak in-depth with one of our highly qualified criminal defense attorneys.
A conviction for drug possession with intent to sell can have serious long-term consequences too. The charge and conviction will be on your criminal record permanently, which is accessible for all of the general population, and so it can prevent you from qualifying for student loans or financial aid, pursuing higher education, and even finding housing and employment. Because of the extreme impact a conviction will have on your life, it’s crucial you contact a criminal defense lawyer as soon as possible to help you.
What Can The Law Place, Clearwater, Do For You?
At The Law Place, we understand how severe a conviction for the possession of a controlled substance with the intent to sell can be. You could end up in prison for up to 30 years, paying a large and unmanageable fine, and may be feeling the impact for decades to come. We can support you through this difficult time and advise you on your best options.
In the United States, you are free to defend yourself in court. However, we advise you to get in touch with a law firm as soon as you are charged with any crime, as you are much more likely to leave court with a favorable outcome if you have an experienced lawyer on your side.
A skilled attorney from The Law Place will be able to build a solid defense based on the specific circumstances surrounding your case to ensure that it holds in a court of law. Defenses can range from you being unaware of the drug’s presence to you not intending to sell them, and all our lawyers have great experience in representing their clients successfully in court and in front of a jury and judge.
Contact The Law Place Today!
If you or a loved one are facing charges for the possession of illegal drugs with intent, then you need to get in contact with The Law Place today.
Drug use is currently considered to be a large-scale health crisis in Clearwater and the rest of Florida, which means that anyone facing drug-related charges should not expect to be treated lightly. Because of this, you need a knowledgeable attorney on your side who will be able to defend and protect your rights and ensure that the entire process happens lawfully. They will also fight to ensure that any sentence you may receive is fair.
With a proven track record of success in fighting on behalf of their clients facing drug charges, The Law Place is one of the best law firms to help you. Working with our skilled attorneys will mean you’re one step closer to freedom!
Our telephone lines are open 24 hours a day, 7 days a week, so contact us now at (941) 444-4444 to schedule a free consultation.