Florida has very strict laws which govern crimes relating to drugs. These crimes can lead to harsh punishments. Drug trafficking and drug possession are banned in Port Charlotte and throughout the rest of the country.
Being caught trafficking a controlled substance, especially if it is a huge amount, could mean that you will be charged, and you could also receive a prison sentence. Being convicted of a drug trafficking offense could negatively affect your future and may lead to a criminal record which could be life-changing.
At The Law Place, we are highly equipped when handling drug possession charges. Here at The Law Place, we have 75 years of combined knowledge in many different practice areas, which means you will benefit from a vast amount of experience.
The Law Place offers a free consultation, and you are able to speak with a professional criminal defense attorney who will review your case. If you would like our law firm to represent you in Port Charlotte regarding your drug trafficking offense, our team will try everything that we can to minimize or completely remove the charges that you are facing by ensuring you have a strong criminal defense on your side.
Please do contact us. The quicker that you do, the stronger chance we have at winning your case. Call today at (941) 444-4444 for your free consultation. Our lines are open 24 hours, 7 days a week.
The Law on Drugs and Drug Trafficking in Florida
As per Florida Statute 893.13, it is against the law to manufacture, deal, distribute, deliver or be in possession of a controlled substance with the intent to sell. You can face a felony charge if you commit a drug offense, depending on which substance you are caught with.
This statute outlines a wide range of scenarios that will result in a first-degree felony. These can include selling, manufacturing, or being in possession of a controlled substance with the intent to sell on certain properties, including churches, schools, child-care facilities, and public housing facilities, as well as other properties.
Further information relating to the control of drug abuse is contained under Florida Statute 893.135. This statute also outlines the mandatory punishments for the trafficking, manufacturing, or selling of different types of illegal substances and their quantities.
Drug Schedules in Florida
Federal law determines that controlled substances should be classified under particular schedules, depending on how harmful they are and how dangerous they are considered. The Controlled Substances Act of 1970 sets out these schedules and contains the penalties attached to particular types of drugs.
If you are ever charged with a drug offense, including possession with intent to sell and the manufacturing or trafficking of illegal drugs, the consequences you face will depend on what schedule the substance belongs to. You could receive a fine or face jail time.
Schedule I
Being charged with a Schedule One drug crime means that you will face the harshest penalties as these are classed as a felony of the first degree. Schedule One drugs are regarded as the most dangerous by the State of Florida as well as being the most addictive. It is considered under the law that they have no medical purpose. A few examples of Schedule One controlled substances include:
- Marijuana.
- MDMA (ecstasy).
- Heroin.
- LSD (acid).
- Methamphetamine (meth).
There are mandatory minimum sentences for some of these drugs if you are caught in possession of a large quantity. For example, if you are caught in possession of 25 pounds of marijuana, you can receive a mandatory minimum jail sentence of 3 years once it is under 2,000 pounds. The minimum jail time you receive increases depending on how much is in your possession.
Schedule II
Schedule Two drugs are thought to be highly addictive. However, they can be prescribed by medical professionals in certain instances. Some examples include:
- Hydromorphone.
- Fentanyl.
- Codeine.
- Dexedrine.
- Cocaine.
Schedule III
Schedule Three drugs are considered to have a lower risk for addiction and abuse. These drugs are used medically in the United States. These drugs include:
- Codeine provided the dose is under 90 milligrams.
- Ritalin.
- Steroids.
- Ketamine.
Schedule IV
Schedule Four drugs primary purpose is for medical use, and they have a much lower risk for addiction. It isn’t rare for these substances to be sold illegally in Florida. They do still pose a risk for drug abuse. Examples include:
- Ambient.
- Tramadol.
- Xanax.
- Valium.
- Soma.
Schedule V
Schedule Five drugs are thought to have the lowest potential for addiction and abuse. Schedule Five drugs are often used medically in Florida. If you are charged with Schedule Five drug possession or drug trafficking, you will face a misdemeanor which carries with it much lower penalties than a felony charge. Some of the controlled substances under Schedule Five include:
- Lyrica.
- Cough medicine.
- Motoren.
- Parepectolin.
- Lomita.
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Penalties for Drug Possession in Florida
In Florida, if you are caught in possession of a controlled substance, the punishment you receive will depend on the type and quantity of drug you have in your possession. Drug charges can range from very serious charges to a misdemeanor charge if the drug crime is less serious.
- First-degree felony – Schedule One drug possession can mean that you are charged with a first-degree felony. A first-degree felony carries up to 30 years in prison and up to $10,000 in fines.
- Second-degree felony – A second-degree felony means you would potentially be incarcerated for up to 15 years, as well as up to $10,000 in fines.
- Third-degree felony – If you are in possession of more than 10 grams of certain controlled substances, you could face up to 5 years in jail, in addition to a maximum of $5,000 in fines.
- First-degree misdemeanor – Being in possession of fewer than 20 grams of marijuana can result in a first-degree misdemeanor charge. This carries up to 1 year in prison and a maximum of $1,000 in fines.
- Second-degree misdemeanor – A Second-degree misdemeanor could mean that you face up to $500 in fines.
Facing either a felony or misdemeanor charge or being charged with a drug offense in Florida, you could have to pay a substantial fine, or you could end up spending a long time in prison.
Being convicted of a drug crime can negatively impact you, hindering your educational prospects, job prospects, and it could stop you from taking out a rental contract along with other things. If you are facing drug charges in Port Charlotte, we recommend that you seek legal advice from a criminal defense attorney.
We’re Florida’s top litigation team with over 75 years of combined experience
Possible Defenses for Drug Crimes
There is a no-tolerance approach in Florida towards people selling any controlled substance. You could be looking at serious penalties if you have been caught dealing drugs or if you have been charged with drug possession with the intent to sell. Having a lot of evidence against or the prospect of years in prison can cause extreme stress for a person.
We are experienced when dealing with drug cases here at The Law Place, and we have a fantastic track record helping to reduce or abolish charges that our clients are facing. A criminal defense attorney from our law firm will build a strong criminal defense on your behalf in order to prevent the rest of your life from being impacted by a conviction. Some defenses we may use include:
- Innocence – To be convicted of a drug crime in Florida, whether it’s trafficking or drug possession with intent to distribute, the prosecution must prove guilt beyond a reasonable doubt. If law enforcement or a witness has misidentified you, we can argue on your behalf that you are innocent of the crime.
- A breach of your constitutional rights – If a police officer has disrespected your rights during your arrest, we can use this as part of your case.
- Entrapment – If it can be proved that you were set up by law enforcement, we can use this as part of your defense case.
- Unlawful search – When a search of your property has no legal grounds.
From the initial call to updates on your case status, we are here to get you answers.
How Can a Criminal Defense Attorney Help Me?
If you are facing drug charges in Port Charlotte, we recommend that you urgently seek advice from an experienced criminal defense lawyer. In Florida, the criminal legal system is highly complicated, and the prosecution usually has a strong case built against you. Whether it is drug possession charges with intent to distribute or you are facing trafficking charges, an experienced defense lawyer can build a strong defense on your behalf.
Here at The Law Place, we will conduct a thorough investigation for you, analyzing police reports, examining the evidence, and questioning any witnesses that there might be. We will fight for justice on your behalf and use our knowledge and experience to fight the charges brought against you regarding drug crimes. We have developed a fantastic relationship with our clients, and we always ensure a very high level of confidentiality. We prioritize receiving the best possible outcome for your case.
Call The Law Place Today
Selling illegal controlled substances in Florida is taken very seriously and could lead to a felony conviction. If you have been caught selling more than 10 grams of an illegal substance, it is very likely that you will be faced with a first or second-degree charge. You could face a long prison sentence or a large fine if you are found guilty of this offense.
Felony charges are not something to be taken lightly in Florida, as they can have a huge impact on the rest of your life. If you are found in possession of over 10 grams of a controlled substance, it will likely not be considered as personal use and will very likely result in a serious conviction.
We recommend that you speak to an experienced criminal defense lawyer as soon as you can. If you seek legal advice sooner rather than later, we have more time to build a strong criminal defense for you. We promise that here at The Law Place, we have a great attorney-client relationship.
With over 75 years of combined knowledge in multiple practice areas here at The Law Place, we can help you with charges, including drug charges. We can offer you a free consultation, and you will be able to speak with an experienced drug lawyer who will assess your drug crimes and your case and determine what the best possible outcome could be. We strive to ensure that the rest of your life is not affected by drug crimes that you have found yourself involved in.
Don’t waste any time. Call us today at (941) 444-4444 for your free consultation with a lawyer from our firm. Our lines are open 24/7 for your convenience.