Florida imposes mandatory minimum sentences for defendants who have been convicted of a crime in a number of circumstances. Cocaine trafficking is charged as a first-degree felony in Florida, so long as the amount of drugs involved meets a certain minimum threshold amount. Then, there is a minimum mandatory jail sentence as the result of a conviction. Mandatory minimum sentences can range from three years to life in prison.
Get legal help immediately from the experienced criminal defense lawyers in Orlando at The Alers Law Firm. Your freedom is on the line for an extended period of time, and you cannot afford to take any chances. We are standing by and ready to speak with you during a free initial consultation today.
Florida Generally Has Tough Drug Sentences
Florida is known for having among the toughest sentences for serious drug crimes in the entire country. The state initially passed harsh sentencing laws for many drug crimes nearly five decades ago. After a brief attempt to reduce severe sentences in the early 1990s, the state toughened sentences again several years later. Florida is known to have particularly tough sentences that apply to cocaine trafficking, classifying some things as trafficking that may not be considered such in other states. If you are convicted of cocaine trafficking in Florida, you would face a mandatory minimum sentence.
What Is Cocaine Trafficking in Florida?
Cocaine trafficking is defined in Florida Statute 893.135. Cocaine trafficking does not just apply when someone sells the drug. Instead, cocaine trafficking may include:
- Purchase
- Manufacture
- Delivery
- Bringing drugs into Florida
You may even be convicted of cocaine trafficking when you possess the minimum amount of drugs that are specified in the law, the same as you would if you were accused of selling the substance. You can be convicted of trafficking for both actual and constructive possession.
There Is a Sliding Scale of Mandatory Minimum Cocaine Trafficking Sentences
The law treats any type of cocaine trafficking as a first-degree felony. The actual minimum sentences imposed by the court depend on the amount of drugs that are alleged to have been involved. The minimum sentences for cocaine trafficking in Florida are as follows:
- For 28 but less than 200 grams of cocaine, the mandatory minimum sentence is three years in prison and a $50,000 fine
- For 200 but less than 400 grams of cocaine, the mandatory minimum sentence is seven years in prison and a $100,000 fine
- For 400 grams to 150 kilograms of cocaine, the mandatory minimum sentence is 15 years in prison and a $250,000 fine
If you are convicted of a cocaine trafficking crime where more than 400 kilograms are involved, there is a mandatory life sentence in prison without the possibility of parole.
Florida law also contains mandatory sentences for the capital felony of cocaine trafficking. Capital cocaine trafficking charges could be filed when the following occur:
- The defendant intentionally killed or caused the killing of another person
- The person’s conduct in committing that act led to a natural, though not inevitable, lethal result
- Importing 300 kilograms or more of cocaine knowing that the probable result of such importation would be the death of any person
Capital felony cocaine trafficking can be punishable by the following:
- Life in prison without the possibility of parole
- Death
- The maximum fine allowable for cocaine trafficking
You Need to Speak with a Criminal Defense Lawyer Immediately
Note that the penalties listed are the mandatory minimum sentences. There is nothing that would prevent a prosecutor from seeking, and a judge from imposing, sentences that are higher than the mandatory minimums. Accordingly, if you are being charged with cocaine trafficking, it is essential that you hire a criminal defense attorney immediately. Your criminal defense lawyer could do the following for your case:
- Investigate your case and determine whether you have any defenses to the charges against you
- Communicate with the prosecutor on your behalf and potentially negotiate a plea bargain
- Fight the charges against you in court, aggressively challenging evidence that is being used against you and presenting witness testimony on your behalf
Contact a Florida Criminal Defense Law Firm Today
If you are facing any type of drug charges, you need legal representation immediately. Contact the experienced criminal defense lawyers at The Alers Law Firm to schedule a free initial consultation. You can speak with a lawyer by visiting our website or 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.
