Many medical and law enforcement professionals consider fentanyl to be today’s most pressing drug problem. Fentanyl is a sythenthic opiod similar to morphine or heroin; however, it is much more potent than either of those organic opioids. Available by prescription for pain control, most trafficked fentanyl is made illegally, so the potency is unpredictable. As a result, fentanyl is more likely to lead to an accidental overdose than many other types of drugs.
It is no wonder that Florida and federal laws treat all fentanyl-related crimes — including possession and manufacturing —as severe offenses. If you have been charged with a fentanyl-based crime, it is imperative that you get the help of an aggressive drug defense attorney. Depending on the crime charged and your circumstances, an Avalon Park fentanyl lawyer will explore various potential resolutions for your charges.
The state recognizes two primary types of drug crimes — possession and trafficking. However, you may hear people discuss distribution. Florida does not have a distribution statute; it considers any sale or distribution of fentanyl to be trafficking. However, the law does not treat all trafficking equally — the more fentanyl involved, the higher the potential penalties.
Florida Statutes § 893.13 covers drug crimes. Under that law, possession of less than four grams of fentanyl is possession — a third-degree felony. The potential sentence for that crime is a fine of up to $5,000 and up to five years in prison. It is a substantial penalty, especially in light of the fact that many people with those charges are struggling with addiction.
Fla. Statutes § 893.135(1)(c)(1) covers trafficking. Any person who has four or more grams of fentanyl, or one of its derivatives, can face a trafficking charge. In addition to possession, the law covers manufacturing, transporting, delivering, purchasing, or selling the drug; the more fentanyl involved, the greater the potential punishment.
For trafficking, the state has mandatory minimum sentences. If a court convicts you of the crime, you will face a mandatory sentence. For four to 13 grams, the sentence is a fine of up to $50,000 and three years in prison. For 14 to 28 grams, the sentence is a fine of up to $100,000 and 15 years in prison. For 28 grams or more, the sentence is a fine of up to $500,000 and a prison sentence of 25 years. The law also increases penalties when an adult sells to minors and markets using cartoons or other imagery that could lure or entice children to use.
Finally, fentanyl traffickers can be charged with murder. Fla. Statutes § 782.04(3)(g) allows the state to charge people with murder if they trafficked fentanyl to a victim who died as a result of a fentanyl overdose. The state treats trafficking not only as a severe crime but also as a moral failing, which is why you need a professional Avalon Park fentanyl attorney to represent you.
Many people with substance abuse disorders must illegally use those substances to continue to feel their effects. For some people, this can mean getting multiple prescriptions from different pain doctors; for others, it may mean drinking excessive amounts of alcohol; and for people with fentanyl addiction, it usually means buying illegally manufactured fentanyl.
Addiction changes how the brain functions and becomes the primary motivating factor for impacted people. So, it is not unusual for someone to begin as a recreational user of a drug with no criminal history and then to find themselves increasingly involved in criminal activity to support the addiction. Seemingly overnight, a casual user may begin to play a role in trafficking just to ensure they have their own supply.
Not all judges are receptive to arguments focused on addiction. However, when it plays a role in someone’s drug crimes, it may be possible to seek a deferred adjudication with drug treatment and testing. If you complete a program, it could result in the judge dismissing the charges. While that possibility is not available for all defendants, it is one approach that an Avalon Park attorney will consider in a fentanyl case.
Drug crimes are rarely as simple as immoral people doing immoral things. They are often rooted in addiction, poverty, financial desperation, and fear. One of the jobs of an Avalon Park fentanyl lawyer is to understand how and why you got involved with fentanyl. Understanding that can help our attorneys craft a defense that is unique to your circumstances. Schedule a free consultation to learn more about how we can help.
The Umansky Law Firm Criminal Defense & Injury Attorneys
