Florida is one of the harshest states in the country when it comes to drug crimes, which is why you need an experienced drug lawyer defending you, who will stand up for your rights and provide a comprehensive defense strategy.
If you have been charged with a drug crime in the Boynton Beach area, a skilled criminal defense attorney is ready to fight on your behalf. Contact a Boynton Beach drug lawyer to begin your defense right away.
How are Controlled Substances Classified in Florida?
In Florida, a controlled substance means any substance listed in Schedules I, II, III, IV, or V of Section 893.03. Controlled substances include narcotics, such as methamphetamine, cocaine, or marijuana, and pharmaceutical drugs such as codeine, oxycodone, or morphine.
Controlled substances are classified into five categories (known as schedules) according to their accepted medical use in treatment, and their potential for abuse or dependency. The Florida drug classification scheme is based on the federal guidelines.
What are the Penalties for Drug Offenses?
Generally speaking, drug crimes can be prosecuted at the State and Federal level. The Florida Comprehensive Drug Abuse Prevention and Control Act, lists the types of drugs that constitute controlled substances, criminalizes certain activities involving these substances, and outlines the penalties for drug crimes.
Drug crimes can be classified as felonies or misdemeanors, depending on the type of illegal activity involved, the quantity or weight of the drugs possessed, and the type of substance.
Penalties for drug crimes can be enhanced if minors were involved, the illegal activity occurred within 1,000 feet of a drug-free area such as a school or church, or the person accused of the offense has been previously convicted of a drug crime.
Some of the most commonly charged drug law violations in Boynton Beach are:
- Possession of a controlled substance and/or drug paraphernalia
- Distribution of a controlled substance or possession with intent to distribute a controlled substance
- Trafficking of a controlled substance
- Cultivation of marijuana
Drug Possession, Distribution, and Trafficking
Drug possession is an offense in which a person has custody of a controlled substance for personal use only. In order to convict someone of the crime of possession of a controlled substance, the State must prove that the person knowingly possessed the substance, exercised control over the substance, and that it is, in fact, the specific substance alleged. The two types of possession Boynton Beach drug lawyers see are actual and constructive.
Distribution offenses involve selling, manufacturing, or delivering a controlled substance or possession with the intent to sell, manufacture, or deliver a certain drug. Selling means to transfer or deliver a controlled substance in exchange for money or something of value. This type of drug charge is more serious than a simple possession offense as distribution charges are usually punishable as a second or third-degree felony.
Drug trafficking is defined as intentionally selling, purchasing, manufacturing, delivering, or bringing into Florida a certain amount of a controlled substance. Drug trafficking charges are particularly severe because they carry mandatory minimum sentences, ranging from three years in prison to life. The statutory threshold amounts depend on the type of substance possessed and penalties increase with higher quantities.
Contact a Boynton Beach Drug Attorney
Finding competent and knowledgeable legal representation can make all the difference in your case. Contact a Boynton Beach drug lawyer right away to discuss your case and your potential defenses.