The illegal possession or trafficking of fentanyl is a serious crime in Florida. If you are up against fentanyl-related charges, you need an aggressive legal advocate by your side at every step of the legal process.
A Dr. Phillips fentanyl lawyer can thoroughly investigate the circumstances that led to your arrest, identify any opportunities to challenge the evidence against you, and defend your rights. A drug defense attorney can explain the nature of the charges that have been levied against you and assist you with exploring your legal options, which could include fighting for a dismissal or reduction, or negotiating a favorable plea bargain.
There are numerous categories of fentanyl crimes under Florida law. These include possession, distribution, and trafficking of the drug. Fentanyl is generally considered a Schedule II controlled substance, but some of its derivatives are classified as Schedule I controlled substances as outlined in the Florida Comprehensive Drug Abuse Prevention and Control Act § 893.03.
A Schedule II substance has a high potential for abuse and has a currently accepted but severely restricted use in certain medical treatments. Substances classified under Schedule I have a high potential for abuse and no currently accepted use for medical treatment. A Dr. Phillips attorney can help you better understand the nature and potential outcomes associated with a fentanyl-related charge.
Numerous factors will impact the severity of a fentanyl charge, including whether the substance falls under Schedule I or Schedule II, the quantity involved, the location of the alleged offense (i.e. near a school or childcare facility), as well as the criminal history (if any) of the accused. Whether or not the alleged offense involved the possession, manufacture, delivery, or possession with intent to sell the fentanyl will also impact the severity of the charges levied by the state.
For example, possession of less than four grams of fentanyl can be charged as a third-degree felony. In Florida, a third-degree felony carries a potential penalty of up to 5 years in prison and a $5,000 fine. On the other hand, simply possessing 10 grams or more of fentanyl is a first-degree felony, which carries a maximum penalty of 30 years in prison and a fine of up to $10,000.
Distribution of fentanyl can be charged as a second-degree felony. This category of felony carries legal punishments including up to 15 years in prison and a fine of up to $10,000. Trafficking, buying, selling, or importing fentanyl can lead to serious first-degree felony charges.
If a person even possesses more than four grams of fentanyl, the prosecutor’s office may instead charge them with trafficking fentanyl rather than possession. Trafficking between four and 14 grams of fentanyl can result in a mandatory minimum jail sentence of seven years plus fines as high as $50,000.
Trafficking between 14 and 28 grams of fentanyl can bring the minimum jail time as high as 20 years, plus fines. If someone is caught trafficking 28 grams or more of fentanyl, they could face a minimum prison term of 25 years plus a fine of $500,000 if convicted.
With your freedom at stake, it is essential to have a qualified fentanyl attorney in Dr. Phillips handling your defense. There could be numerous strategies that may prove effective to fight charges of possessing, distributing, or trafficking fentanyl.
Hiring a criminal defense attorney is crucial when facing fentanyl charges because they possess the expertise to navigate the complex legal system, protect your rights, and advocate for your best interests. A skilled attorney can help you understand the charges, negotiate with prosecutors to reduce charges, seek alternative sentencing options, or even secure a dismissal of the case.
Potential defenses could include arguing lack of knowledge or intent, highlighting insufficient evidence, or challenging the legality of the search and seizure. In some cases, entrapment, chain of custody issues, or Constitutional rights violations can also be effective as part of a robust defense strategy.
We will ensure that your constitutional rights are protected throughout the legal process, from arrest to sentencing. They will help you understand your rights and will advocate for you to ensure these rights are upheld.
A fentanyl-related conviction can lead to significant long-term consequences, including employment restrictions, limits on professional licenses, and restrictions on various social and civic activities. If you have been charged with a fentanyl crime, you may have options to avoid some or all of these consequences or to mitigate the legal outcomes associated with the alleged offense.
A Dr. Phillips fentanyl lawyer can explain your options for fighting your charge and defending your rights and freedom. An attorney that has extensive experience negotiating plea deals and other outcomes with the prosecution can pursue the best possible resolution for your specific case. The right defense strategy will be tailored to your situation and the details surrounding your charge.
Do not wait to consult with an experienced criminal defense attorney about your case. Contact us today to request your confidential case review.
The Umansky Law Firm Criminal Defense & Injury Attorneys
