If law enforcement alleges that you have been caught with certain amounts of heroin, cocaine or marijuana, it does not matter whether you had an actual intent to buy or sell the drugs. You could face drug trafficking charges for certain activities involving controlled substances. Drug trafficking can be charged as a federal or state crime, and the two laws are similar (with some key differences). The criminal defense lawyers at The Alers Law Firm can work to obtain the best possible outcome for you in a case involving drug charges.
If you are facing drug charges, call the Alers Law Firm at 407-930-4888 immediately to schedule a free initial consultation to discuss your case. Timing is crucial, as early legal involvement could potentially lead to a better outcome in your case.
Drug Trafficking Laws in Florida that Apply to Heroin, Cocaine and Marijuana
Drug charges can escalate based on the quantities involved. Florida law imposes strict penalties for drug trafficking. These charges are filed when there is a certain amount of specific drugs involved in an arrest. It does not matter whether the defendant was actually engaged in selling the drugs. Just even possessing a very large amount of drugs could lead to escalated trafficking penalties. Specifically, drug trafficking charges may apply to the following types of conduct:
- Selling
- Purchasing
- Manufacturing
- Delivering
- Bringing drugs into the state
- Having actual or constructive possession
In order to win a conviction on drug trafficking charges, the prosecutor must prove the following elements:
- The defendant knowingly engaged in one of the types of conduct listed above
- The substance was a controlled one
- The substance weighed the amount that would subject the defendant to drug trafficking charges
Penalties for Drug Trafficking in Florida
Penalties for drug trafficking depend on the amount of controlled substances involved. There is a lengthy list of penalties in the statute, and there are maximum punishments that escalate when the amount of the substance is larger. As an example, the penalties for a conviction of trafficking in cocaine are as follows:
- 28 to 200 grams means a mandatory minimum sentence of three years
- 200 to 400 grams means a mandatory minimum sentence of seven years
- 400 grams to 150 kilograms means a mandatory minimum sentence of fifteen years
- More than 150 kilograms is a first-degree felony with a life sentence in prison
There are similar sliding scales of sentences for other controlled substances, such as marijuana, heroin and oxycodone.
Defenses to Drug Trafficking Charges in Florida
Even though drug trafficking charges can be a result of possession without intent to sell, there are still some defenses that you may use to drug trafficking charges in Florida that include:
- Law enforcement conducted an illegal search and seizure of the drugs that are being used as evidence in your case
- You did not know that you were in possession of the drugs or realize that the substance you had was a controlled one
- You were under duress to commit the crime
- Law enforcement entrapped you into committing a crime that you otherwise would not have
Your criminal defense attorney would review your case to help determine whether there are any defenses you can use or whether there is an opportunity to reach a plea bargain on lesser possession charges.
Federal Drug Trafficking Laws
There is a federal law which is somewhat similar to the Florida statute. The federal law also prohibits manufacturing, selling, dispensing or possessing controlled substances. The difference is that the federal law requires an intent to distribute the drugs, while Florida law can lead to a conviction by just having possession of certain amounts of drugs.
The federal law also bases penalties on the amount of drugs involved in the case. There are two possible sentences, based on the severity of the crime:
- Ten years to life in prison
- Five to forty years in prison
Federal sentences may also be elevated or mitigated based on the presence of certain factors. For example, penalties can be more severe if the use of the drugs resulted in a death. The penalties could be reduced if the defendant did not play a large role in any enterprise involving the drugs. There is a special drug kingpin statute that imposes tougher penalties on those who are involved in a continuing criminal enterprise which involves five or more persons.
Contact a Florida Criminal Defense Lawyer Today
Reach out to the Alers Law Firm now if you have been charged with a drug crime in Florida. We can represent you in an aggressive yet sensible manner. You can schedule a free consultation with a criminal defense lawyer by calling us today at 407-930-4888.
Attorney Chavelys Y. Alers was born and raised in Puerto Rico. She specifically grew up in the towns of Vega Baja and Dorado. Attorney Alers is bilingual, as she is fluent in both English and Spanish. Two decades ago, Attorney Alers migrated from Puerto Rico to the mainland United States, Central Florida. Learn more here.
