Fentanyl is a synthetic opioid primarily used to manage pain in cancer patients and as a sedative. But in recent years, it has become a highly trafficked drug causing addiction and death. The U.S. Centers for Disease Control and Prevention reports a 30 percent rise in overdose deaths in one recent year, due to fentanyl’s potency. It is up to 50 percent more potent than heroin and 100 times stronger than morphine.
If the Street Drug Unit, under the Narcotics Section of the Orange County Sheriff’s Office, arrests you and recover fentanyl from your person, you can be charged with possession. However, the Florida Legislature has amped up the penalties for fentanyl, and in some cases, possessing it can be classified as trafficking. Our drug defense attorneys are experienced defenders of your rights. We want you to understand what you are up against when penalties for fentanyl in Orlando are staring you down.
Possession of less than four grams of fentanyl is usually charged as a third-degree felony. The penalties turn on several factors, such as whether you are arrested on school grounds or have a prior criminal record; but generally, you face up to five years in prison, five years of probation, and up to a $5,000 fine.
Even when you intended the fentanyl to be for your personal use, if you are carrying more than four grams, you can be charged with trafficking an illegal drug. Because the penalties are severe if you are arrested for fentanyl in Orlando, do not speak with law enforcement until you contact our defense attorneys, who will defend your rights and protect your freedom.
Florida Statutes § 893.135 defines trafficking. You must have knowledge that the drug you possess is illicit, and knowingly set out to sell, purchase, manufacture, transport, or deliver it.
When four grams but less than 14 grams of fentanyl are involved, a conviction can lead to up to 30 years in prison with a minimum of three years, and a $50,000 fine. When the amount is 14 grams up to 28 grams, the penalty is still up to 30 years in prison, but with a 15-year minimum and a $100,000 fine. For 28 grams or more of fentanyl, you must spend a minimum of 25 years out of a possible 30-years sentence and will be fined $500,000. Because punishment for fentanyl in Orlando is steep, you will want to contact a defense lawyer, who understands the criminal justice system, for help.
Florida lawmakers amended Fla. Stat. § 893.135 to single out adults convicted of trafficking who knowingly target minors. If convicted, the penalty is 25 years to life in prison and a $1 million fine. This harsh punishment attaches when just four grams of fentanyl or a fentanyl analog involved. The prosecutor must show that the substance or a mixture of fentanyl and another drug must meet at least one additional requirement, including:
These enhanced penalties are in response to the growing overdose issues minors are experiencing. If you are threatened by enhanced penalties for fentanyl in Central Florida, contact our aggressive defense attorneys now.
The Orlando Police Department and the Orange County Sheriff’s Office have dedicated officers who investigate narcotics crimes. If you are arrested, do not offer any information until you consult with our criminal defense attorneys. We understand how severe the charges are for possessing or distributing fentanyl.
We are skilled negotiators who will try to mitigate the charges with the prosecutor, and if you are scheduled for trial, we will put on the strongest defense possible. We do not want to see you lose your freedom, job, family, home, or any of the other losses that are penalties for fentanyl in Orlando. Call now for a free consult.
The Umansky Law Firm Criminal Defense & Injury Attorneys
