If you have been arrested in Port Charlotte for drug crimes involving the manufacture of an illegal substance, you will be set to face some very serious criminal charges that include many years in prison.
Anyone who is charged with a drug crime in Florida will receive harsh penalties and hefty fines. For this reason, you are going to need a high-quality criminal defense lawyer from a reputable law firm to have any chance of minimizing your charges. At The Law Place, we have decades of combined experience in defending clients facing drug charges in Florida. We have handled a wide variety of cases, including drug possession, possession with intent to sell, drug trafficking, manufacture of illegal drugs, and many others.
So don’t delay. Call The Law Place today to schedule a free consultation with an experienced criminal defense attorney. Our contact number is (941) 444-4444, and our phone lines are open twenty-four hours a day, seven days a week.
The Definition of Manufacturing Controlled Substances According to Florida Law
The law regarding drug possession, possession with intent to sell, possession with intent to supply, and manufacturing of controlled substances in Port Charlotte can be found under Florida Statute 893.13.
The statute applies to anyone in Port Charlotte who is caught making any kind of contribution to the drug manufacturing process. According to the Florida Drug Abuse Prevention and Control Act, any person who directly or indirectly contributes to the processing, converting, growing, cultivating, compounding, preparing, or manufacturing of an illegal controlled substance will face serious criminal charges. It also refers to anyone who is found to be involved in the packaging, repackaging, or relabelling of a controlled substance.
It is possible to be charged under this statute for merely being in possession of or attempting to sell any specialist equipment or specific chemicals that are commonly used in the drug manufacturing process.
To find out more about what Florida law says about the manufacture of a controlled substance and how you might be charged for your alleged drug crime, call The Law Place for a free case evaluation.
Penalties for Manufacturing Illicit Drugs in Port Charlotte, FL.
The penalties that you could face for the manufacturing of illegal drugs in Port Charlotte will largely be determined by the specific facts of your case. For example, the schedule of the illegal drug and the number of illegal drugs that were found in your possession will be key factors. These cases are often very complex, and it is possible that you could also be charged with drug trafficking or drug possession with intent to sell a controlled substance, especially without the help of the right criminal defense lawyer.
Methamphetamine is one of the most commonly manufactured drugs in Florida and the U.S. in general because it is so easy to produce.
In Florida, the manufacture of methamphetamine is a first-degree felony and punished according to the amount of the controlled substance found, for example:
- Between 14 and 27 grams – A 3-year mandatory minimum prison sentence and a fine of up to $50,000 fine.
- Between 28 and 199 grams – A 7-year mandatory minimum prison sentence and a fine of up to $100,000.
- Between 200 and 399 grams – A 15-year mandatory minimum prison sentence and a fine of up to $250,000.
- Over 400 grams – Life without the possibility of parole and a fine of up to $250,000.
Cocaine another drug that is commonly sold and manufactured in Florida.
In the State of Florida, this is a first-degree felony, and the penalties for the manufacture of cocaine are based on the amount found:
- Between 28 and 199 grams -A 3-year mandatory minimum prison sentence and a fine of up to $50,000.
- Between 200 and 399 grams – A 7-year mandatory minimum prison sentence and a fine of up to $100,000.
- Over 400 grams but less than 150 kilograms – A 15-year mandatory minimum prison sentence and a fine of up to $250,000.
- More than 150 kilograms – Life without the possibility of parole and a fine of up to $250,000.
Despite the expansion of the legal, medical use of marijuana, recreational use is still illegal in Florida. Cultivation without a license will result in drug manufacture or drug trafficking charges
In Florida, this is a first-degree felony, and penalties based on the amount are as follows:
- Between 25 and 1,000 pounds – A 3-year mandatory minimum prison sentence and a fine of up to $50,000.
- Between 2,000 and 9,999 pounds – A 7-year mandatory minimum prison sentence and a fine of up to $50,000.
- Over 10,000 pounds – A 15-year mandatory minimum prison sentence and a fine of up to $200,000.
Heroin overdoses claim the lives of hundreds of thousands of Americans every year. For this reason, law enforcement agencies and the justice system take the manufacture of heroin very seriously.
In Florida, this is a first-degree felony, and the penalties based on the amount are as follows:
- Between 4 and 13 grams -A 3-year mandatory minimum prison sentence and a fine of up to $50,000.
- Between 14 and 27 grams – A 15-year mandatory minimum prison sentence and a fine of up to $100,000.
- Between 28 grams and 29 kilograms – A 25-year mandatory minimum prison sentence and a fine of up to $250,000.
- Over 30 kilograms – Life without the possibility of parole and a fine of up to $500,000.
MDMA (Ecstasy or Molly)
MDMA is very addictive and popular in clubs in Florida. It can cause adverse reactions or overdoses, which can be fatal. Penalties for the manufacture of MDMA are as follows:
- Between 10 and 199 grams – A 3-year mandatory minimum prison sentence and a fine of up to $50,000.
- Between 200 and 399 grams – A 7-year mandatory minimum prison sentence and a fine of up to.
- Over 400 grams – A 15-year mandatory minimum prison sentence and a fine of up to $250,000.
Florida’s Drug Schedules Explained
Under Florida Statute 893.03, Florida’s drug schedules rank each drug and controlled substance by the harmful and addictive nature that they are considered to have. For example, a Schedule I substance is considered to have the potential for serious risk of harm and addiction, and therefore anyone caught with any of these drugs in their possession with intent to sell will face the most severe penalties, while anyone found with any Schedule V substances in their possession will face lesser penalties.
Here are some examples of how they are categorized:
- Schedule I substances – The drugs listed here are all considered to have the highest potential for addiction, harm, and abuse. They also have no accepted medical value. Examples include crack cocaine, heroin, and
- Schedule II substances – The drugs listed here are considered to come with a reasonably high risk of addiction, harm, and abuse. However, unlike Schedule I drugs, they all have some accepted medical use. Examples include Oxycontin, cocaine, and methadone.
- Schedule III substances – The drugs listed here are considered to have some potential risk for addiction and abuse, but less so than Schedule I and Scheule II drugs. They also have accepted medical use. Examples include steroids and
- Schedule IV substances – The drugs listed here are considered to have the second-lowest potential risk for addiction, harm, and abuse. They are also have accepted medical uses and are commonly prescribed by medical professionals. Examples include Xanax and
- Schedule V substances – The drugs listed here are thought to have the lowest potential risk of addiction, harm, and abuse. All of these drugs are prescribed frequently by medical professionals. Examples include Lyrica and Motfen.
If you want to discuss your case and the consequences that you might be facing, call The Law Place today for a free consultation with a criminal defense attorney.
Establishing Guilt in a Port Charlotte Manufacture of Illegal Drugs Case
In order to be found guilty of the manufacture of illegal drugs with intent to sell in the State of Florida, not only must the law enforcement officers who arrested you have reasonable grounds for doing so, the prosecution has the burden of proving that you are guilty beyond any reasonable doubt.
If your drug manufacturing with intent to sell case goes to court, the prosecutor will be required to prove three key elements beyond any reasonable doubt in order to successfully convict you of your alleged crime. This is known as the burden of proof.
The three key elements are:
- That the defendant was in clear possession of the controlled substance in question, they had manufactured the illegal drug/had intended to manufacture the illegal drug, and they had a clear intent to sell the illegal drug.
- The controlled substance that the defendant had in their possession was one of the controlled substances listed in Florida Statute 893.03.
- The defendant had full knowledge that the controlled substance in question was illegal.
An experienced criminal defense attorney will use their skills to contest one or more of these elements. If they can successfully do so, your charges could be reduced or dismissed altogether.
Law enforcement will consider six key factors in order to establish that the defendant had manufactured an illegal drug with an intent to sell, and therefore warrant an arrest and charge:
- A large amount of cash was found in their possession, such as in their home, their jacket pocket, or in their vehicle, which was reasonably near to the location of the drugs.
- Drug packaging or drug manufacturing equipment was found close to the location of the illegal drugs.
- Drug paraphernalia was found in their home, in their car, or on the individual themselves. Paraphernalia can include testing kits, scales, rolling papers, mixing devices, and balances.
- Weapons were found in the individual’s possession, and there is reason to suspect that the individual intended to use the weapon to commit a drug crime.
- A law enforcement officer had been informed by another person associated with the manufacturer of the drugs regarding the intent to sell a controlled substance.
- An excessive amount of drugs were found in the individual’s possession, large enough to assume that they had an intent to sell them.
It is not easy to prove that anyone is guilty of drug manufacturing beyond any reasonable doubt or that there were reasonable grounds for your arrest. This means that your criminal defense lawyer will have an opportunity to contest your charges with the right defense strategy.
To find out more about how we can contest your charges, call The Law Place for a free consultation.
Defenses Available in a Manufacture With an Intent to Sell Case
Our law firm has achieved success in many drug cases, including drug manufacture with intent and possession with intent cases. Some examples of defense strategies and methods we have used to contest drug crimes include:
- The drugs the defendant was accused of manufacturing were incorrectly weighed and did not meet the required limit for the charges.
- The law enforcement officer/s who made the arrest collected evidence in a manner that is considered unlawful.
- The defendant was incorrectly identified by the arresting officer as someone else who was actually guilty of manufacturing controlled substances.
- The method that was used to identify the drugs was flawed.
- The evidence found, such as drugs, drug manufacturing equipment, or chemicals, does not belong to the defendant.
- The law enforcement officers engaged in entrapment, and therefore the arrest was unlawful.
If you have been charged with a drug crime in the State of Florida, a criminal defense attorney from our law firm can help. During a free consultation, we will discuss the details of your case and give you an idea of the defense that we might put forward for you. Call today to schedule yours.
Contact The Law Place Today
The criminal defense lawyers at The Law Place have over seventy-five years of combined experience in fighting drug charges, such as drug manufacture, drug trafficking, drug possession with intent to sell, and many others. We have the knowledge and skill that are needed to handle your case and achieve the best outcome possible.
No matter what drug-related charge you have found yourself up against, you are going to need a knowledgeable Florida lawyer on your side. So don’t hesitate, get in touch with The Law Place today at (941) 444-4444 for a free consultation. Anything you disclose during this call is protected in full by the attorney-client relationship.