Drug crimes, including drug possession, trafficking, and distribution, can have severe consequences that can impact your life far into the future. Many defenses exist in drug cases, but you may be unable to effectively raise these defenses without the assistance of a Deerfield Beach drug Lawyer. With the legal help that you need, you may be able to develop a more successful defense strategy in your case. Speak with one of our knowledgeable Attorneys at Leifert & Leifert to learn more about building a convincing defense.
Classification of Controlled Substances Under State Law
Like many states, Florida follows the federal classification scheme for controlled substances, which divides all drugs into different schedules. Specific factors about each drug determine its schedule, including the following:
- The degree of harm the drug poses
- Its potential for misuse
- Any acceptable medical uses
In turn, the schedule of the drug often dictates the penalties that individuals will receive for crimes involving the drug. Other factors can impact sentences for drug offenses, as well. For example, the distribution of controlled substances within 1,000 feet of a school, college, or church can result in enhanced charges, including mandatory minimum prison sentences.
Drug Possession Charges in Deerfield Beach
Fla. Stat. § 893.13 makes it illegal for individuals to possess controlled substances unless they have legally obtained it from a licensed medical professional or have a valid prescription for the drug. Generally, a violation of this section is a third-degree Felony, which carries the potential for a maximum prison sentence of five years and a fine of $5,000. A Felony conviction also results in other repercussions, such as the loss of some civil rights. As a result, contacting a Deerfield Beach drug Attorney may be highly beneficial.
Depending on the schedule of the drug, the charges for drug possession may be more severe. For instance, if individuals possess more than ten grams of some Schedule I and II controlled substances, they can face first-degree Felony charges. A conviction for a first-degree Felony can result in a prison sentence ranging from 30 years to life and steep fines.
Drug Manufacturing and Distribution
Under Fla. Stat. § 893.13, individuals may not sell, deliver, or manufacture controlled substances. This code section also prohibits the possession of drugs with the intent to sell or distribute them.
Selling or manufacturing most Schedule I and some Schedule II drugs is a second-degree Felony. A conviction for a second-degree Felony drug offense can result in up to 15 years in prison and a $10,000 fine. However, if the crime involves ten or more grams of a Schedule I drug, the charges and accompanying penalties may increase.
If the offense involves some Schedule II drugs, Schedule III, or Schedule IV drugs, individuals may face third-degree Felony charges. If the crime involves only Schedule V drugs, the charges may drop to a first-degree Misdemeanor.
Drug Trafficking Offenses
If individuals sell, distribute, or manufacture large quantities of controlled substances, they could face trafficking charges under Fla. Stat. § 893.135. The type of controlled substance involved and the amount of drugs involved largely determines the level of the charges and the resulting penalties. As these penalties tend to be extremely harsh, consulting a Deerfield Beach drug Lawyer when facing drug trafficking charges may be wise.
For instance, individuals commit trafficking in cannabis if they sell or distribute more than 25 pounds of cannabis or 300 or more cannabis plants, which is a first-degree Felony. This section also requires mandatory minimum prison sentences based on the amounts of cannabis involved in the offense.
A Drug Attorney in Deerfield Beach May Be Able to Help
All drug-related charges can have severe repercussions. However, the penalties for drug possession, distribution, and manufacturing can be particularly serious, especially when large quantities of drugs are involved. Contacting a Deerfield Beach drug Lawyer when facing drug charges can be advantageous to the outcome of your case.
Aside from lengthy prison terms and high fines, a Felony drug conviction can follow you around for the rest of your life. You likely will be unable to possess firearms after a Felony conviction and have challenges in finding employment and housing. Having strong legal representation in your drug case may enable you to minimize or avoid some of these consequences. To begin preparing a solid defense, schedule a consultation with one of our trusted Attorneys at Leifert & Leifert.