When it comes to drug crimes, Florida holds some of the strictest laws. If convicted of a drug offense, then you could find yourself facing serious penalties and punishments. Such punishments could include hefty fines, a permanent criminal record, and potentially even time behind bars.
If you are facing criminal charges for the possession of illegal drugs over with intent, then it is strongly advised to seek legal advice. At The Law Place, we have a team of highly skilled criminal defense attorneys with an abundance of experience in handling the Florida legal system and defending the accused. An adept criminal defense attorney will work tirelessly to develop a strong defense strategy that can stand up in court. They will do their utmost best to have your penalties reduced and, in the best-case scenario, dismissed entirely.
Our Fort Myers offices are open 24 hours a day, 7 days a week, so don’t hesitate to give us a call at a time that suits you best. Call us today to arrange a free consultation with an adept criminal defense attorney.
How Can the Possession of Illegal Drugs Over With Intent Be Defined?
In simple terms, being in possession of illegal drugs with intent is simply the crime of having illegal drugs in your possession and intending to sell them. As noted in Florida Statute 893.13, there are strict laws for drug crimes in Florida, and those that commit drug crime offenses will face serious penalties.
It is worthwhile mentioning that there are much more severe punishments for those in possession with intent to sell in comparison to those that simply in possession of illegal substances. In order to prove that a person is in possession of illegal drugs with the intent to sell, the prosecution must prove to the jury a number of factors beyond a reasonable doubt. Such factors include:
- If there were large quantities of the illegal drug found to be in your possession at the time of the arrest.
- If you confessed to selling illegal drugs to others.
- If there were large quantities of cash to be found in your possession at the time of the arrest.
- If there were either materials for packaging controlled substances or drug paraphernalia found in your presence at the time of the arrest.
- If you had knowledge of the illicit nature of the controlled substance.
If you have been arrested for a drug crime in Fort Myers, FL., then it is important that you seek legal representation as soon as you possibly can. An experienced defense attorney will work to build a strong defense strategy that may see your charges reduced or even eliminated.
Schedule of Controlled Substances
Florida Statute 893.03 highlights the division of illegal drugs into five different categories, also known as schedules. These schedules relate to how addictive and dangerous the illegal drug can be.
- Schedule One – Substances in this category are considered to be the most dangerous and addictive and include drugs such as meth, heroin, and LSD.
- Schedule Two – Drugs in this schedule still carry a high risk of addiction but carry some medical use. They include substances such as morphine, methamphetamine, Dexedrine, and oxycodone.
- Schedule Three – These drugs include ketamine, steroids, and products that contain less than 90 milligrams of codeine per dosage unit.
- Schedule Four – This schedule includes drugs that have a relatively low risk of abuse and addiction.
- Schedule Five – This schedule includes drugs that carry the least risk of abuse and addiction and include substances such as cough syrups with less than 200 milligrams of codeine or per 100 milliliters, Motofen, Lyrica, Lomotil, and Parepectolin.
Possible Penalties for the Possession of Illegal Drugs With the Intent to Sell in Fort Myers, FL.
The penalties and punishments that you may face for committing a drug crime will ultimately depend on the circumstances surrounding your arrest. This includes the type and amount of illegal drugs that were found to be in your possession at the time of the arrest. Possible criminal charges you may face are:
Second-Degree Felony
- If you are convicted for being in possession of either schedule one or two illegal drugs with intent to sell, then you will face this criminal charge.
- Punishments for a second-degree felony include fines of up to $1000, as well as up to 15 years in prison.
Third-Degree Felony
- If you are convicted of being in possession of a schedule three or four controlled substance with intent to sell, then you will be charged with a third-degree felony.
- Penalties for this charge include up to five years behind bars and up to $5,000 payable in fines.
First-Degree Misdemeanor
- If you are charged for drug possession with intent to sell a schedule five controlled substance, then you will face this criminal charge.
- Punishments for a first-degree misdemeanor include fines of up to $1,000, as well as up to a year behind bars.
We’re Florida’s top litigation team with over 75 years of combined experience
Contact The Law Place Today!
If you have been arrested for a drug crime in Fort Myers, then our attorneys at The Law Place are here to help. At our law firm, our criminal defense lawyers have an abundance of experience in dealing with drug crime cases like yours. Our defense attorneys are highly skilled in the Florida legal system and will work alongside you to ensure you receive the best outcome possible.
At The Law Place in Fort Myers, FL., we offer all our customers a free initial consultation where we will assess the intricacies of your case and offer valuable legal advice on the best way to proceed. If you wish to proceed with one of our attorneys, then they will arrange a second consultation. At this consultation, your attorney will work alongside you to develop a strong defense strategy that can stand up against the prosecution. Your criminal defense attorney will work tirelessly to have your punishments reduced or even eliminated.
Our Fort Myers, FL., phone lines are open around the clock, so don’t hesitate to call us at any time of day. Give us a call and get started with your case today!