Florida Statute, Section 893.13(1)(a)
Under Florida Statute, Section 893.13(1)(a), it is unlawful to sell, manufacture, deliver or possess with the intent to sell, manufacture, or deliver, a controlled substance. The controlled substances which fall under this statute are described under Sections 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), and (2)(c), and constitute a second-degree felony. For controlled substances described under Section 893.03(1)(c), (2)(c)1, (2)(c)2, (2)(c)3, (2)(c)5, (2)(c)6, (2)(c)7, (2)(c)8, (2)(c)9, (3) or (4) a third-degree felony will be charged. For controlled substances described under Section 893.03(5), a first-degree misdemeanor will be charged.
Penalties for a Conviction for Sale, Purchase, Manufacture, Delivery or Possession of Illegal Drugs with Intent
If you are convicted of a first-degree misdemeanor, you could spend up to one year in jail, be sentenced to up to a year of probation, and could pay a maximum fine of $1,000. If you are convicted of a third-degree felony, you could be sentenced to up to five years in prison, up to five years of probation, and could pay a maximum fine of up to $5,000. If you are convicted of a second-degree felony, you could spend up to fifteen years in prison, you could be sentenced up to fifteen years of probation, and you could pay a fine as large as $10,000. The consequences for a conviction for Sale, Purchase, Manufacture, Delivery or Possession of Illegal Drugs with Intent do not stop at your sentence. Once you are released from jail or prison, you will find it very difficult to obtain employment, rent a home, work with children, obtain a professional license, or go to college on a federal student loan.
For a free legal consultation with a sale, purchase, manufacture, delivery or possession of illegal drugs with intent lawyer serving Sarasota, call 941-444-4444
Elements Required to Prove Sale, Purchase, Manufacture, Delivery or Possession of Illegal Drugs with Intent
In order to prove you committed the offense of Sale, Purchase, Manufacture, Delivery or Possession of Illegal Drugs with Intent, the following elements must be established by the prosecution:
- You possessed a substance, and you intended to sell, manufacture or deliver that substance;
- The substance was a controlled substance, under Florida Statutes; and
- You were aware the substance was a controlled substance.
To “sell” something means to deliver or transfer the item to another person in exchange for money, something of value, or a promise of money or something of value. The term “possession” means you had personal control over the substance. Florida law enforcement generally used the following to show intent:
- You had large amounts of cash, either on your person, in your home or in your vehicle in close proximity to where the drugs were located;
- There were packaging items in close proximity to the drugs, such as baggies;
- There was drug paraphernalia in your home, your car, or on your person, including testing kits, rolling papers, scales, balances or mixing devices;
- There were weapons in your possession;
- People associated with you told law enforcement you had intent to sell, purchase, manufacture or deliver; or
- There were sufficient amounts of controlled substances found to indicate intent.
Sarasota Sale, Purchase, Manufacture, Delivery or Possession of Illegal Drugs with Intent Lawyer Near Me 941-444-4444
Getting the Criminal Defense Help You Need from The Law Place
If you have been charged with Sale, Purchase, Manufacture, Delivery or Possession of Illegal Drugs with Intent, it is crucial that you contact a criminal defense attorney from The Law Place as soon as possible. These are very serious charges, which could place you behind bars for a significant amount of time. Rather than have your entire future derailed, call defense attorneys at The Law Place today at 941-444-4444 so a highly experienced criminal defense attorney can begin building a solid defense on your behalf.
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