Experienced Legal Defense for Drug-Related Charges in Gainesville, FL
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Florida Drug Crimes We Defend
| Drug Possession (§ 893.13, Fla. Stat.) | Charges range from misdemeanors to felonies depending on the substance and quantity. Even small amounts can lead to serious penalties. | |
| Possession with Intent to Sell | Prosecutors may escalate charges based on factors such as packaging, cash, or communications suggesting distribution. | |
| Drug Trafficking (§ 893.135, Fla. Stat.) | Florida imposes mandatory minimum sentences for trafficking, with penalties increasing based on the type and weight of the drug. | |
| Manufacturing and Cultivation (§ 893.13, Fla. Stat.) | Growing, producing, or processing controlled substances, such as methamphetamine or cannabis, can result in felony charges. | |
| Prescription Drug Fraud (§ 893.13(6), Fla. Stat.) | Unlawful possession, distribution, or doctor shopping for prescription medications (e.g., opioids, benzodiazepines) can lead to criminal prosecution. | |
| Drug Paraphernalia Possession (§ 893.147, Fla. Stat.) | Possessing items associated with drug use, such as syringes, pipes, or digital scales, can result in additional charges. | |
Florida Drug Crime Penalties
| Offense | Penalty | Maximum Sentence |
|---|---|---|
| Misdemeanor Possession (<20g marijuana) | First-degree misdemeanor | Up to 1 year in jail + $1,000 fine |
| Felony Possession (Cocaine, Meth, Heroin, etc.) | Third-degree felony | Up to 5 years in prison + $5,000 fine |
| Possession with Intent to Distribute | Second-degree felony | Up to 15 years in prison + $10,000 fine |
| Drug Trafficking (Varies by substance/weight) | First-degree felony | 3+ years minimum mandatory + up to life in prison |
Defending Against Drug Charges in Florida
At Rush & Frisco Law, we develop tailored defense strategies to challenge the prosecution’s case. Some potential defenses include:
Why Choose Rush & Frisco Law?
- Board-certified criminal trial attorneys with over 30 years of experience
- Deep knowledge of Florida’s drug laws and local court procedures
- Proven success in securing case dismissals, reduced charges, and acquittals
- Aggressive defense strategies tailored to your specific case
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Top 10 Questions We Get Asked About Drug Crimes in Florida
Discover answers to the most common questions about drug crimes in Florida, including possession, trafficking, penalties, and legal defenses, to better understand your rights and options.
What is a drug possession charge in Florida?
A drug possession charge in Florida involves being caught with illegal drugs or controlled substances without authorization. Under Florida Statute §893.13, possession can be classified as either actual possession (on your person) or constructive possession (in a place you control, like your car or home). Penalties depend on the type and amount of drugs.
What are the drug charges and sentences in Florida?
Florida has strict drug laws with penalties varying by drug type, quantity, and offense history. For example:
- Possession of marijuana (<20g): Misdemeanor, up to 1 year in jail.
- Possession of Schedule I drugs: Felony, up to 5 years in prison.
- Drug trafficking (varies by substance/amount): Mandatory minimum sentences starting at 3 years.
What happens with a first-time possession charge in Florida?
First-time possession charges in Florida may be eligible for diversion programs like drug court or pre-trial intervention. These programs could result in dismissal of charges upon completion. However, penalties for a conviction include fines, probation, or jail time, depending on the drug and amount.
What is a health or safety drug charge in Florida?
A health or safety drug charge typically involves offenses like manufacturing drugs in unsafe conditions or distributing substances harmful to the public. Florida law imposes severe penalties for crimes endangering community health under Florida Statute §499.0051, which governs drug safety and adulteration.
How can you get a drug trafficking charge dismissed?
To dismiss a drug trafficking charge in Florida, your attorney may challenge evidence based on improper search and seizure, lack of intent to traffic, or procedural errors. Strong defenses depend on the specific circumstances of the case. Refer to Florida Statute §893.135 for trafficking definitions and penalties.
What are the penalties for a first-time offender charged with drug trafficking in Florida?
Florida drug trafficking laws impose mandatory minimum sentences, even for first-time offenders. For example:
- Trafficking 25-199 grams of cocaine: 3-year minimum sentence.
- Trafficking 4-14 grams of heroin: 3-year minimum sentence.
These penalties are outlined in Florida Statute §893.135.
How can you beat a drug trafficking charge in Florida?
Defenses to drug trafficking charges in Florida include proving lack of knowledge about the drugs, challenging the weight of the substances, or exposing law enforcement errors during the investigation. A skilled attorney will analyze your case for the best strategy under Florida Statute §893.135.
What are Florida drug trafficking laws?
Is drug possession a felony in the US?
Drug possession can be either a misdemeanor or a felony in the U.S., depending on the type and amount of the substance involved. In Florida, possession of Schedule I drugs like heroin or possession of more than 20 grams of marijuana typically results in felony charges.
What is the most common criminal illegal drug charge?
The most common criminal drug charge in the U.S. is simple possession, often involving marijuana. In Florida, marijuana possession is also among the most frequently charged drug offenses. Despite the state's progress in medical marijuana legalization, unauthorized possession, even in small amounts, remains a serious criminal offense.
