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.
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 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 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 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.
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.
Leifert & Leifert Criminal DefenseNA