Despite amphetamines having a legitimate medical use, they’ve widely been exploited to elevate mood and create focus. The penalties associated with possessing, using, selling, or distributing amphetamines are particularly harsh in the State of Florida and across the United States. If you’ve been arrested for amphetamine-related charges, it’s important that you invoke your right to remain silent and demand to see an attorney immediately. An experienced drug possession lawyer can help protect your rights and aggressively fight for a positive resolution in your case.
Certain defenses are available for those charged with possessing or distributing amphetamines that may help reduce or completely eliminate the penalties associated with a conviction. An Orlando amphetamine possession lawyer will best be able to help you organize an appropriate strategy.
Amphetamine, which is an organic compound known as an alkaloid, is known to suppress the user’s appetite and elevate their mood, energy, and dopamine levels. Amphetamine is also commonly used to enhance one’s mental and physical performance and to enhance focus. Repeated use can lead to paranoia, delusions, and even psychosis. The physical side-effects include heart palpitations, arrhythmia, and insomnia.
Amphetamine sale and possession is prohibited except by licensed pharmacies.
Possession of fewer than 14 grams of amphetamine is generally treated as a misdemeanor offense, and a person convicted of this crime faces a potential prison sentence of up to one year and a fine of at least $1,000. A court sentencing a person convicted of amphetamine possession may also order the person to attend a diversionary program to treat substance abuse or addiction.
Florida Statute 893.135, which outlines the rules and regulations surrounding the possession greater than 14 grams of amphetamine, defines the penalties by the following terms:
“Any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 14 grams or more of amphetamine…commits a felony of the first degree…”
The statute further outlines that those convicted of possessing between 14 and 28 grams are sentenced to a mandatory minimum term of three years and a fine of $50,000. Those in possession of between 28 and 200 grams face a minimum prison sentence of seven years and a fine of $100,000. If you’re convicted of possessing more than 200 grams of amphetamine, you’re subject to a mandatory minimum 15-year prison term and a fine of $250,000.
There are several possible strategies that your lawyer may utilize to encourage prosecutors to reduce or completely eliminate the penalties associated with an amphetamine possession conviction. These strategies include:
Drug possession is split up into two categories: actual and constructive. Actual possession refers to a charge in which an illegal substance is found in your hands or pockets. Constructive possession occurs when law enforcement believes you have knowledge and access to banned paraphernalia, even if they don’t locate it on your person.
However, just being close to something illegal doesn’t make you a criminal. Law enforcement must prove that you had knowledge of the illegal substance and that you could get your hands on it if you so wished. If the state can’t show that you had the power and intent to control the substance, you may be acquitted.
Although amphetamine is a controlled substance, it may be legally possessed by someone who holds a valid prescription. Note, however, that federal law dictates that the prescription may not be renewed automatically. If your lawyer can prove that you have a valid prescription, the charges may be dropped.
If you’ve been charged with amphetamine possession or have questions about the crime, it’s important that you get in touch with an experienced defense lawyer as soon as possible. A conviction of even a misdemeanor drug possession crime can follow you, limit your ability to work certain jobs, deteriorate your reputation, and force you to face serious statutory penalties.
If you have been arrested for possessing amphetamine in Florida and need help protecting your rights, the expert legal team at The Umansky Law Firm can help. As former prosecutors and public defenders on a state and local level, our Orlando amphetamine possession lawyers can provide you with a sound strategy and a concrete defense based on years of experience working in the Florida criminal justice system. We understand the ins and outs of Florida drug laws and serve to protect our clients from further punishment and damage to their reputation.
With over 100 years of combined legal experience, our team has the time and expertise to launch an investigation into your case and the circumstances leading up to your arrest. We’ll work tirelessly to fight for your rights. Call or complete our online contact form to receive a free consultation.
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