Belle Isle Fentanyl Lawyer 

Fentanyl is a synthetic opioid estimated to be 50 to 100 times more potent than heroin or morphine. Florida lawmakers and law enforcement view fentanyl-related crimes as a severe public threat because of the drug’s high potential for addiction and fatal overdose. Unlike other drug offenses where a judge may have more discretion, a fentanyl trafficking conviction comes with mandatory minimum prison sentences, which increase dramatically with the amount of the drug.

A Belle Isle fentanyl lawyer can explain the charges and the complex judicial process, and advise you on the best defense strategies for your specific situation. Your drug defense attorney can negotiate with the prosecutor to have the charges reduced or to receive a more favorable sentence. Given the harsh sentences associated with fentanyl trafficking, this negotiation can be critical to safeguard your future rights and freedom.

Fentanyl Charges and Penalties Explained

Because the legal consequences escalate dramatically based on the quantity involved, it is critical to understand the distinction between a simple fentanyl possession charge and a trafficking charge. Possessing even a small amount of fentanyl without a valid prescription is a felony.

Possession of less than 4 grams of fentanyl is a third-degree felony. If convicted, a person faces up to five years in prison, five years of probation, and a $5,000 fine. A person can be charged with possession even if the substance is not on their person (constructive possession), as long as it is in a place they control and they are aware of its presence.

Fentanyl trafficking charges are triggered by specific weight thresholds and carry mandatory minimum prison sentences and hefty fines. The law applies to anyone who knowingly possesses, sells, buys, or manufactures a qualifying amount.

• 4 to less than 14 grams: A first-degree felony punishable by a mandatory minimum prison sentence of 3 years and a $50,000 fine.
• 14 to less than 28 grams: A first-degree felony punishable by a mandatory minimum prison sentence of 15 years and a $100,000 fine.
• 28 grams or more: A first-degree felony punishable by a mandatory minimum prison sentence of 25 years and a $500,000 fine.

Because Florida aggressively prosecutes fentanyl-related offenses, legal representation is essential from the earliest moments of your case. A Belle Isle attorney can build a defense that best mitigates the legal outcomes of the fentanyl charge.

Aggravating Factors for Fentanyl

Possessing a firearm during the commission of a fentanyl trafficking offense can add years to a sentence. Committing a fentanyl offense within 1,000 feet of a school, park, or child care facility can also increase penalties.

Selling or delivering a specified amount of fentanyl to a minor can result in a mandatory minimum sentence of 25 years and a $1 million fine, especially if the product resembles or is mixed into a candy-like form. If a person dies from a fentanyl overdose that was sold or delivered by the defendant, they can be charged with murder.

Some fentanyl charges can be prosecuted at both the state and federal level, particularly those involving large quantities or interstate drug trafficking. Federal charges often carry even harsher penalties and longer mandatory minimum sentences.

What Are Common Defenses Against Fentanyl Charges?

An Belle Isle attorney can scrutinize the details of the arrest and the evidence to challenge the prosecution’s claims concerning your fentanyl charge. Common defense strategies could include:

• Challenging the weight: The total weight of the substance determines the severity of a trafficking charge and the length of the mandatory minimum sentence.
• Questioning knowledge and intent: The prosecution must prove that the defendant knowingly possessed the fentanyl with the intent to distribute. A lawyer can argue that the defendant was unaware of the substance, that the drugs belonged to someone else, or that they were in possession for personal use only.
• Challenging witness credibility: A criminal defense attorney can expose inconsistencies or unreliability in the testimony of informants or police officers involved in the case.
• Invalid traffic stop: If the initial traffic stop was not based on a valid legal reason, any evidence discovered during that stop may be deemed fruit of the poisonous tree and suppressed.
• Coerced consent: An attorney can argue that consent to search was not voluntarily given, for instance, if police used threats or coercion to obtain it.
• Lack of knowledge: If the fentanyl was hidden in a car or bag that belongs to someone else, a defendant can argue they had no knowledge of its presence.
• Temporary possession: This defense applies if the defendant had brief, temporary possession of the substance for an innocent reason, such as finding a baggie and intending to dispose of it.

In cases where an acquittal is not possible, a lawyer’s negotiation skills are vital for minimizing penalties. An attorney can negotiate with the prosecutor to reduce a trafficking charge to a less severe offense, such as simple possession. In some cases, a lawyer can advise on whether providing substantial assistance to law enforcement by helping to identify or arrest other drug traffickers is a viable option.

This is a common way to avoid mandatory minimum sentences, but it must be pursued carefully and with legal guidance. For less severe charges, an attorney can advocate for alternative sentencing options, such as probation, house arrest, or drug court, which focus on rehabilitation rather than incarceration.

Talk with a Belle Isle Fentanyl Attorney

A Belle Isle fentanyl lawyer can conduct an independent investigation into the arrest, examining police conduct, interviewing witnesses, and reviewing forensic evidence to build a defense. The right defense will be tailored to the unique circumstances of your case. Contact The Umansky Law Firm today to speak with an attorney in a free, one-on-one case consultation.