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Drug Distribution Charges in Florida: Sale, Trafficking, Delivery Penalties and Lawyers
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Drug Distribution Charges in Florida: Sale, Trafficking, Delivery Penalties and Lawyers
Florida has some of the strictest drug laws in the country, with harsh penalties for drug distribution crimes like sale, trafficking, and delivery. This article provides an overview of common drug charges in Florida, potential penalties, and how a defense lawyer can help.
Common Drug Distribution Charges
There are a few main categories of drug distribution crimes in Florida:
Sale of Drugs
Selling drugs like cocaine, heroin, methamphetamine, and prescription pills is illegal in Florida. Even selling small amounts is considered a felony. Penalties depend on the type and amount of drug sold. For example, selling marijuana under 20 grams is a first-degree misdemeanor while selling cocaine is a second-degree felony
.
Drug Trafficking
Drug trafficking charges target large-scale distribution operations. You can face trafficking charges for possessing, selling, or delivering a “trafficking amount” of drugs. For example, you can be charged with heroin trafficking for possessing 4 grams or more
.
Delivery of Drugs
Delivering drugs means transferring them to another person, even if no money is exchanged. So handing someone drugs as a gift or favor can still lead to delivery charges
.
Possession with Intent to Sell
If you’re caught with baggies, scales, or other distribution materials, you may be charged with possession with intent to sell even if no sales took place
. The amount of drugs factors into potential penalties.
Penalties for Drug Distribution
Penalties for drug distribution crimes depend on three main factors – the type of drug, the amount, and your criminal history
.
- Type of Drug: Harsher penalties apply to “harder” drugs like cocaine compared to marijuana. For example, selling cocaine is a second-degree felony while selling marijuana under 20 grams is a first-degree misdemeanor
1
.
- Amount of Drugs: Larger amounts lead to more serious charges and longer sentences. For example, possessing over 200 grams of heroin can mean up to 30 years in prison
2
.
- Criminal History: Repeat offenders face longer sentences. If you already have a drug distribution conviction, penalties for subsequent offenses will be worse.
Some other factors that can increase penalties include
:
- Selling drugs to a minor
- Selling drugs near a school, park, church, or other protected area
- Possessing a gun while selling drugs
Drug Trafficking Minimum Mandatory Sentences
Florida has strict minimum mandatory sentences for drug trafficking convictions
. This means the judge cannot sentence you to less than the minimum prison term. For example:
- Trafficking 28-200 grams of heroin: minimum 3 years in prison
- Trafficking 400 grams of heroin: minimum 15 years in prison
Minimum mandatory sentences apply no matter the circumstances of the case. The judge cannot make exceptions.
How a Defense Lawyer Can Help
The penalties for drug distribution charges are severe, so building an aggressive defense is critical. An experienced Florida drug crimes lawyer can:
- Evaluate the strength of the prosecution’s evidence and identify weaknesses
- Attempt to get evidence suppressed if it was obtained illegally
- Negotiate with the prosecution for reduced charges or sentencing
- Prepare strong defense strategies like arguing you didn’t know the drugs were in the car or that the drugs were for personal use
- Present evidence and witnesses to counter the prosecution’s claims
- Make compelling arguments to the judge/jury highlighting reasonable doubt
This can lead to charges being reduced or dismissed so you avoid lengthy incarceration. For example, showing the drugs were for personal use only could get trafficking charges reduced to simple possession.
Finding a Defense Lawyer
Don’t leave your fate in the hands of the Florida criminal justice system without an experienced lawyer by your side. Drug distribution charges can have lifelong consequences that a skilled attorney may be able to reduce or even avoid entirely.Look for a criminal defense lawyer with specific experience handling Florida drug cases. Understand your rights and options by scheduling a consultation today. With an aggressive defense, you can move forward with your life and put these charges behind you.
References
https://www.criminal-defense-dui.lawyer/fort-lauderdale-drug-lawyer/trafficking/
https://www.rossenlawfirm.com/drug-sales-and-delivery-in-south-florida-fort-lauderdale-charges/
https://www.defenseattorneyfl.com/criminal-defense/drug-crimes/drug-possession-with-sell/
https://sieronlaw.com/posts/florida-drug-charges-penalties-defenses/