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Meth Possession, Sale and Trafficking Charges in Florida: Laws, Penalties and Defense
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Meth Possession, Sale and Trafficking Charges in Florida: Laws, Penalties and Defense
Methamphetamine, also known as meth or crystal meth, is a highly addictive stimulant drug that is illegally used and trafficked throughout Florida. Meth is classified as a Schedule II controlled substance in Florida, meaning it has a high potential for abuse and addiction. Getting charged with meth possession, sale or trafficking in Florida can lead to severe criminal penalties, including lengthy prison sentences and large fines.If you or someone you love has been arrested for a meth-related crime in Florida, it’s important to understand the laws, penalties and possible defenses. This article will provide an overview of meth charges in Florida, penalties for possession, sale and trafficking, and potential legal defenses to fight the charges.
How Florida Classifies Meth Charges
Florida law divides meth charges into two main categories: possession and trafficking. The specific charges depend on the amount (weight) of meth involved:
- Possession: If you possess less than 14 grams of meth, you can be charged with possession, a third-degree felony under [Florida Statute § 893.13(6)(a)].
- Trafficking: If you possess 14 grams or more of meth, you can be charged with trafficking, a first-degree felony under [Florida Statute § 893.135(1)(f)].
The total weight of the meth mixture is used to determine the charges, including cutting agents or dilutants. So you could face trafficking charges even if there is less than 14 grams of pure meth, if the total weight exceeds 14 grams.
Penalties for Meth Possession
Possession of less than 14 grams of meth is a third-degree felony in Florida, classified as a Level 3 offense under the Criminal Punishment Code. Potential penalties include:
- Up to 5 years in prison
- Fine of up to $5,000
In addition, under [Florida Statute § 322.055], your driver’s license will be revoked for 1 year if convicted of meth possession.The sale, delivery or possession with intent to sell meth are second-degree felonies in Florida, with penalties up to 15 years imprisonment and fines up to $10,000.Penalties are enhanced if children under 16 are present during manufacture or possession of meth-making materials. This carries a mandatory minimum prison sentence of 5-10 years under [Florida Statute § 893.13(1)(g)].
Penalties for Meth Trafficking
Trafficking 14 grams or more of meth is a first-degree felony in Florida, with mandatory minimum prison sentences based on the quantity involved:
- 14-28 grams: 3 year mandatory minimum prison sentence and $50,000 fine.
- 28-200 grams: 7 year mandatory minimum and $100,000 fine.
- 200+ grams: 15 year mandatory minimum and $250,000 fine.
Possessing 400+ grams of meth while knowing it could lead to someone’s death can bring capital felony charges, potentially punishable by death.
Possible Defenses for Meth Charges
If you are facing meth possession, sale or trafficking charges, an experienced Florida criminal defense attorney can evaluate potential defenses to fight the allegations, such as:
- Illegal search and seizure: If police obtained evidence through an improper search, it may be excluded.
- Lack of knowledge: You can argue you did not know the substance was meth or illegal.
- Temporary possession: You briefly handled the meth but did not actually possess or control it.
- Overdose immunity: You cannot be prosecuted if police encountered you only after seeking medical help for an overdose.
- Constructive possession: The meth was not in your exclusive possession or control.
An attorney can also scrutinize the evidence and investigation for additional defenses to build the strongest case possible. The penalties for meth convictions are severe, so fighting the charges is critical.
Finding a Florida Meth Defense Attorney
Being arrested for meth possession, sale or trafficking in Florida is extremely serious, with potentially devastating penalties. The laws surrounding meth crimes are complex. An experienced local criminal defense lawyer can be invaluable in analyzing possible defenses and navigating the criminal justice system on your behalf.If you or someone you care about is facing meth charges, don’t delay in seeking legal representation. A knowledgeable attorney can protect your rights, build defenses to fight the allegations, and help mitigate penalties. With skilled legal advocacy, you may be able to avoid a lengthy prison term and get charges reduced or dismissed. Don’t leave your future to chance – consult an attorney as soon as possible.