Florida has some of the strictest drug crime penalties in the United States. If you have been charged with any type of drug offense, you need to consult a skilled Daytona Beach criminal defense attorney. Time is essential. Without help, you might not have the best outcome in your case.
In Daytona Beach, you could be charged with a misdemeanor or felony drug offense. There are several different categories of drug crimes, including:
Depending on your circumstances, you could face enhanced penalties for these crimes. Florida prosecutors aggressively take these crimes to court, and they will work hard for the maximum penalties.
Florida law prohibits drug possession, driving under the influence of drugs, trafficking, and conspiracy to commit a drug crime. These charges not only apply to those illegal narcotics, but you could be charged with the unauthorized possession of medical marijuana, prescription drugs, and chemical substances. Depending on the type and quantity of drugs, these charges will vary.
Under Florida Statutes Section 893.13(1)(a), “an individual may not sell, manufacture, deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance.”
If you violate the law, you could face a second- or third-degree felony. Depending on the controlled substance, you might face enhanced penalties. Florida follows the federal government’s classification of drugs into specific “categories.” Based on these classifications, the penalties for the drug charge can vary.
These classifications include:
Schedule I: LSD, ecstasy, or heroin
Schedule II: Oxycodone, fentanyl, PCP, cocaine, and methamphetamine
Schedule III: Vicodin, ketamine, codeine, anabolic steroids, and Tylenol
Schedule IV: Valium and Xanax
Schedule V: Parapectolin, Lyrica, and Robitussin
Many of these drugs result in a felony charge. You could be facing hefty fines, prison terms, and a permanent criminal record. Minor offenses can also lead to imprisonment terms of five to 15 years.
Aside from drug possession, drug trafficking is another common crime in the state. Florida law defines drug trafficking as “cultivation, manufacturing, distribution, and sale” of controlled substances. If convicted, you will face three years in jail and a $25,000 fine.
Like most drug crimes in the state, the penalties depend on the controlled substance. In some cases, if you crossed state lines, you might be charged with a federal offense.
Drug possession is a typical drug charge in the state. If you are in control of heroin or cocaine, you will be charged with a third-degree felony. Possession also depends on where the drugs were found. Actual possession means that you had physical control of the drugs on your body, whether in a pocket or purse.
If drugs were discovered in your home or another location, you could be charged with constructive possession. However, possession over a certain amount can lead to an intent to sell charge, even if the drugs were for personal use.
In either case, these are serious charges that need the assistance of a skilled criminal defense attorney like Darryl Smith. He can help you question the validity of the arrest and challenge those possession charges.
According to Florida Statutes Title XXXIII, Chapter 499.03 (1), an individual may not “possess any drugs that are harmful, toxic, potentially habit-forming, or brand new.” If you violate this law, you will face a second-degree misdemeanor. This is a lesser drug crime charge in the state, but it still has strict consequences.
There are some exemptions in the state, such as:
These penalties will depend on other criminal activities that accompanied the drug crime, like possession of a firearm. Those repeat offenders often receive a harsher sentence. In some cases, they are prohibited from any diversion programs.
In Florida, possession and selling of drugs result in a second-degree misdemeanor. The penalties include prison time and a $5,000 fine. Any of those Schedule I or II substances carry a third-degree felony charge. With that, you might face prison time and a hefty fine.
Drug charges in the state are serious, and you will want the help of an experienced criminal defense attorney. Depending on your circumstances and the quantity of drugs, your charges could range from a misdemeanor to a felony. You want to have legal representation for your case. During this time, a criminal defense lawyer must protect your rights as you navigate this complicated process.
Drug offenses can affect your housing, employment options, and child custody. Florida is known for its stringent drug statutes. No matter whether you possessed or sold drugs, you will pay a hefty fine and face possible prison time if convicted.
Darryl Smith understands the legal process in Florida and is Daytona’s top criminal defense attorneys. He has experience representing clients who have faced these serious drug charges. You will want him to help craft a defense for your case.
A drug charge can follow you for the rest of your life. You are at risk of losing your freedom! Don’t try to handle this situation by yourself. If you face a drug charge in the Daytona Beach area, make sure to contact Darryl Smith. You can schedule a case review by contacting the Daytona Beach office.
If you have any questions, call or email Darryl today for a free case review/consultation.
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