Fentanyl is a Schedule II controlled substance and synthetic opioid with a potency that is up to 100 times greater than morphine. As a result, being caught with even a small quantity of fentanyl can see you face state or federal charges that carry life-altering legal consequences.
If you or a loved one has been charged with possession of fentanyl, you need to speak with a committed drug attorney immediately. A Winter Park fentanyl lawyer can provide adept, aggressive legal representation to seek a reduction or even dismissal of your charges.
Fentanyl charges can encompass a range of alleged actions. The severity of a fentanyl charge and the legal consequences you might face if convicted can depend on any prior criminal history, the alleged intent concerning the drug, the quantity of the substance, and other factors.
Any fentanyl charge is a grave situation that requires a prompt, dedicated defense from a Winter Park attorney. Common types of fentanyl charges can include possession, possession with intent to sell, distribution, and manufacturing of fentanyl.
Even if you are searched by police and found with a relatively small amount of illegal fentanyl, you could be charged with a felony. Possession of less than four grams of fentanyl is third-degree felony, which can carry a prison term of up to five years as well as financial penalty of up to $5,000.
If the amount of fentanyl is above four grams, you can automatically be charged with drug trafficking even if you were not intending to distribute it. Moreover, you could face mandatory minimum periods of incarceration for possessing or trafficking fentanyl above that threshold amount.
For example, if the quantity of fentanyl was at or above four grams but below 14 grams, you could be incarcerated for a minimum of seven years and be hit with a financial penalty of up to $50,000. For possession of quantities at or above 14 grams but below 28 grams, that minimum prison term is 20 years, plus a fine of up to $100,000.
If the quantity of fentanyl was at or over 28 grams, you could be looking at a minimum prison term of 25 years if convicted. The judge can also impose fines of up to $500,000.
An attorney can serve as your fierce advocate in court if you have been arrested or charged for a fentanyl-related offense in Winter Park. You need competent legal representation from day one of your case, and an attorney who is fully prepared to manage every step of your case in and out of the courtroom.
Possible defenses to fentanyl possession, distribution, or trafficking charges could range from errors of fact on the part of the prosecution or law enforcement, to procedural mistakes. For instance, if the fentanyl was not yours, you did not know that the fentanyl was there, or you knew about the substance but was unaware it was fentanyl, these could be potential defenses to mitigate the charge.
If you a had a valid prescription, this could be used to defend a fentanyl possession charge. Illegal search and seizure, entrapment, lack of probable cause, or other forms of police misconduct could be used to defend against the prosecution’s case.
Even if you possessed fentanyl illegally, but there is evidence to show that it was there to serve an individual addiction rather than to distribute or traffic the drug, an attorney could potentially use this information to get your charge reduced. Lack of drug paraphernalia or other mechanisms of distribution could be used to reduce the severity of a fentanyl charge.
A conviction for possessing or selling fentanyl or fentanyl-laced drugs can result in a mandatory minimum sentence of incarceration, along with steep financial penalties. The ramifications of a felony drug conviction can follow you for life and prevent your future professional, personal, and educational endeavors on virtually every level.
A Winter Park fentanyl lawyer can deploy the most useful defenses for your case while identifying any mistakes of fact or procedural issues that could mitigate your charge. If you have been arrested or charged in relation to an alleged fentanyl crime, now is the time to secure help from a criminal defense lawyer who can help you navigate the complex legal landscape. Contact our office today to speak with The Umansky Law Firm about your case.
The Umansky Law Firm Criminal Defense & Injury Attorneys
