Drug offenses can vary in their scope and severity. While some drug charges are misdemeanors, certain drug offenses can result in felony convictions, which have the potential to limit your freedom. If you have been charged with a drug offense in Boca Raton or its surrounding areas, seek the guidance of a seasoned criminal defense attorney. Working with an experienced legal advocate can improve your chances of achieving a positive outcome in your case. Boca Raton drug lawyers can begin advising you right away and are committed to providing you with the most vigorous defense possible. En Español.
Drug Offenses in Florida
There are a wide-range of drug offenses under federal and state law that a Boca Raton drug attorney may be able to assist with. Drug offenses are defined in Chapter 893 of the Florida Statutes (more commonly referred to as the Comprehensive Drug Abuse Prevention and Control Act). In Florida, the majority of drug offenses involve the possession, dealing (sale, delivery, manufacture), or trafficking of a controlled substance.
The term controlled substance refers to any of the substances listed in one of the five schedules (I–V) of Section 893.03. Florida follows the federal controlled substances schedules, which classifies substances based on whether they have an accepted medical use in treatment, their potential for abuse, and the likelihood of dependency when abused. Drug offenses can be classified as misdemeanors or felonies and the penalties largely depend on the quantity of the controlled substance and the intended use.
Drug Possession Charges
Drug possession charges involve the possession of a small quantity of narcotics or another controlled substance that is generally intended for personal use only. To convict an individual of possession of a controlled substance, the prosecutor must prove that they knowingly possessed the illegal substance, that the drug involved is a controlled substance, and that they exercised control over the substance (i.e. actual or constructive possession).
Possession of marijuana is one of the most commonly charged drug offenses in Florida that warrants the attention of a Boca Raton drug lawyer. Possession of less than 20 grams of marijuana is a first-degree misdemeanor and possession of more than 20 grams, but less than 25 pounds, of marijuana, is a third-degree felony.
Drug Dealing Charges
Drug dealing refers to the sale, delivery, manufacture, or possession with intent to sell, deliver, or manufacture a controlled substance. Drug dealing charges are classified as second or third-degree felonies depending on the type of drug involved.
Selling is defined as transfer something from one person to another in exchange for something of value. Delivery is defined as the actual, constructive, or attempted transfer of a controlled substance from one person to another. Constructive possession refers to when someone has something, and is in control of said object, but does not have the item on their person. Manufacturing a drug refers to the cultivation, production, preparation, or processing of a controlled substance.
Drug Trafficking Charges
Drug trafficking charges are the most serious because they trigger mandatory minimum sentences. A person commits the offense of drug trafficking if they knowingly sell, purchase, manufacture, deliver, possess, or bring into this state a controlled substance in excess of the statutory minimum thresholds.
The statutory minimum thresholds depend on the nature of substance involved. For example, the threshold for methamphetamine is 14 grams, and seven grams for oxycodone. The higher the quantity of a substance beyond the minimum threshold, the more severe the punishment. Mandatory minimum sentences range from three years imprisonment to life.
Penalties and Collateral Consequences of Drug Convictions
The criminal sanctions that you may face upon conviction for a drug offense can vary depending on what substance you allegedly possessed and what you allegedly intended to do with the substance in question. In general, though, courts follow these sentencing guidelines when adjudicating criminal offenses:
- Second-degree misdemeanor – maximum 60-day jail term and maximum $500 fine
- First-degree misdemeanor – maximum one-year jail term and maximum $1,000 fine
- Third-degree felony – maximum five-year prison term and $10,000 fine
- Second-degree felony – maximum 15-year prison term and $10,000 fine
- First-degree felony – maximum 30-year prison term and $15,000 fine
The court also has substantial leeway to decide how close to the maximum possible penalties they get when sentencing someone convicted of a drug offense. However, some high-level felony drug offenses have mandatory minimum prison sentences, which the court cannot suspend or reduce under any circumstances.
Other consequences associated with drug convictions can include lengthy terms of probation, mandatory completion of a drug abuser rehabilitation program, and the loss of certain civil privileges like the right to vote, the right to drive, and the right to bear arms. Finally, repeat offenders may have subsequent misdemeanor drug charges elevated to felonies based on their history of prior convictions.
What Defense Strategies Can Be Effective Against Drug Charges?
Every case is different, just like every defendant is, so there is no one-size-fits-all approach to building a strong defense against a drug charge. That said, a significant percentage of successful defense strategies in drug possession cases revolve around proving that the defendant did not actually know they had drugs in their possession or that the substance they were found with was not chemically identical to any controlled substance defined by state law.
Alternatively, you may be able to effectively contest charges by showing that police violated your rights or the law by illegally searching your property or unlawfully seizing drugs without following proper procedures. A Boca Raton criminal defense and drug lawyer can discuss your options for contesting your specific drug charges during a private initial meeting.
How to Choose a Drug Lawyer
Even if you have never been arrested before, a single conviction on a drug charge could irreversibly alter the course of your life. With that in mind, it can be vital to have support from skilled legal counsel who will be able to provide custom-tailored advocacy designed to effectively protect your unique best interests.
Florida’s drug laws change very often. Having representation from an attorney who goes the extra mile and specializes in handling cases like yours will be key to achieving the best possible result in or out of court.
You should also ideally seek help from an attorney with extensive courtroom experience contesting charges like yours successfully in the past, good reviews from both past clients and fellow legal professionals, and a track record of maintaining good standing with the Florida Bar. If you have any questions about what our team here at Leifert & Leifert can do for you, we can answer them and provide the information you need during a free consultation and case review.
Contact a Boca Raton Drug Lawyer Today
Boca Raton drug lawyers have successfully defended individuals charged with drug crimes throughout southern Florida and will fight to protect your rights at every stage of the criminal process. Contact a determined attorney that can look at the facts of your case and devote the time and resources necessary to build a solid case for you.
