Florida lawmakers and law enforcement officers have targeted fentanyl in recent years, with the state leading the nation in fentanyl seizures while deaths from the drug continue to creep up, according to the U.S. Centers for Disease Control. Penalties for possessing, distributing, or trafficking this man-made stimulant have been strengthened to coincide with the ongoing crackdown. What does it mean to you? Plenty, if you are arrested. Jail time could turn into harsher prison time and if you are trafficking fentanyl and someone dies from taking it, you can be charged with murder.
This dire news does not negate your rights to a fair trial and a skilled drug defense attorney to advocate for you in preliminary negotiations and at trial. These rights are protected by the U.S. Constitution. Because the severity of the punishment rests on the charges as well as mitigating and aggravating circumstances, contact a Windermere fentanyl lawyer now to begin working on your defense.
Fentanyl is a Schedule II out of five tiers of controlled drugs in Florida. It is 50 times more potent than heroin, according to a Florida Bar article. This means it is very likely to be abused, has very limited acceptable medical uses in the U.S., and causes severe physical and psychological dependence once abused. The Florida Comprehensive Drug Abuse Prevention and Control Act, under Florida Statutes § 893.13, describes the drug-related crimes and their penalties. Fentanyl-related charges include:
You can be charged with intent to sell fentanyl even if you are in possession of less than four grams if law enforcement determines other signs indicate the enhanced charge is warranted. Do not gamble with your future. If you are charged with a fentanyl crime, the prosecutor is already working on convicting you. Call a Windermere fentanyl attorney now to stand up for you.
Florida charges fentanyl crimes as felonies. If you possess less than four grams for personal use, it is generally a third-degree felony and if convicted, you face up to five years in prison with a fine of up to $5,000. The judge can suspend your driver’s license and send you to drug counseling.
Convictions for possession with intent to sell or manufacture is a second-degree felony. Even if you do not intend to sell what you purchased for yourself, a possession charge can be elevated because related packaging items or cash are recovered. Punishment includes up to 15 years behind bars and up to a $10,000 fine. Florida has also added charges to selling or possessing fentanyl and other controlled substances within 1,000 feet of a mental health facility to include a $500 fine and 100 hours of community service.
Trafficking is a first-degree felony that can send those convicted to prison for up to 30 years and fine them up to $10,000. Recent additions to Florida law added that those possessing or selling between four and 14 grams of fentanyl are subject to mandatory minimum jail time of seven years and fines up to $50,000. If between 14 and 28 grams of fentanyl are at issue, the minimum sentence is raised to 20 years with a fine of $100,000. If fentanyl is mixed into other controlled substances at a rate higher than 28 grams, a conviction means a minimum 25 years in prison and a $500,000 fine. If someone dies from fentanyl allegedly purchased from you, murder can also be charged.
Because the penalties and enhancements for fentanyl charges are so harsh, it is imperative that a Windermere lawyer becomes involved at once. The prosecutor must prove you are guilty of a fentanyl crime beyond a reasonable doubt, and we are skilled at injecting doubt into cases.
Your defense includes refuting the prosecutor’s assertions, introducing mitigating factors, and challenging procedural mistakes the arresting officers make, such as failing to read you your rights, conducting an illegal search and seizure, or failing to maintain a proper chain of evidence.
We also assess the existing evidence and look for additional evidence that could exonerate you. We talk to witnesses, and work to determine whether you were a victim of mistaken identity, the drugs belonged to a roommate or someone else, or you were entrapped. Mitigating circumstances could include your young age or that you have no prior record. Contact a Windermere fentanyl attorney so we can get to work on your case now.
Lawmakers have backed up law enforcement by expanding punishment for fentanyl crimes and allocating more funds to catching those possessing, distributing, or trafficking in the drug. If you are caught in that net, get immediate help to protect your rights.
We are experienced defense attorneys who tenaciously fight for the best outcome using credible defenses to poke holes in the prosecutor’s theories, and mitigating factors to portray you in the most favorable light. Contact a Windermere fentanyl lawyer now to begin a discussion.
The Umansky Law Firm Criminal Defense & Injury Attorneys