Pensacola Drug Crime Lawyer
Being charged with a drug crime can drastically affect your life. Maintaining your innocence can be a delicate process. If you need to build a legal defense against drug crimes, it is beneficial to have experienced drug crime lawyers at your side. If you are facing any sort of drug charges, you should consider contacting Florida Criminal Defense Legal Group.
Florida Drug Cases
The state of Florida has some of the strictest drug laws in the country. If you are suspected of possessing, manufacturing, selling, or trafficking any type of controlled substance, you will face serious felony charges. These charges often carry costly fines and lengthy prison sentences.
Many issues could arise when facing criminal matters in Pensacola, FL. Most criminal drug cases involve:
- Criminal asset forfeitures
- Informants and undercover detectives
- Evidence suppression
- Probable cause
- Property seizure and frozen assets
- Search and seizure complications
It’s important to work with criminal law specialists who understand the nature of drug trafficking charges, state and federal law, felony offenses, and how to combat a drug charge.
Call us now or submit a form online if you are facing drug charges. In a free consultation with an Escambia County drug crime attorney, we can review your case and discuss possible defense strategies with you. Our law offices are conveniently located in Pensacola and Escambia County.
Florida Drug Crimes
Drug crimes in Florida carry serious consequences. Typical Florida drug crimes may include the following.
Drug possession offenses involve defendants who likely held a controlled substance for personal use. These offenses generally exclude those who manufactured, distributed, or sold the controlled substance.
Actual possession occurs when a law enforcement officer finds drugs on your person. Constructive possession is a possession charge for drugs that were not on your person but located in another place or common area. This means that you were aware that the drugs were in that specific location and you could exercise control over them.
Whether you were arrested on suspicion of marijuana possession or facing federal charges, you should consult with an Escambia County criminal defense lawyer. They can use their knowledge of illicit drugs and state and federal laws to assist in your case.
Drug manufacturing involves the direct or indirect producing, compounding, growing, preparing, cultivating, processing, or converting of a controlled substance. This can be through means of extraction from chemical synthesis, natural resources, or both.
Florida Statutes prohibit any unlawful cultivation or manufacturing of controlled substances, such as marijuana, cocaine, heroin, and phencyclidine (PCP). If you require professional legal representation to maintain your innocence against drug manufacturing charges, consider Florida Criminal Defense Legal Group.
Drug trafficking in Pensacola, Florida, involves the cultivation, manufacturing, distribution, and sale of controlled substances. Florida laws impose minimum sentences for people who are convicted of drug trafficking.
Minimum drug trafficking penalties range from three years in prison and a $25,000 fine to 25 years in prison and a $500,000 fine. The sentence defendants face and the fines imposed depend on the type of controlled substance in question.
Common drug crimes also involve the following:
- Delivering a controlled substance
- Selling a controlled substance
- Falsely obtaining a controlled substance
- Falsely prescribing a controlled substance
Many drug-related offenses get categorized based on what substance it is and where they are committed, such as near a school or childcare facility. Steep prison sentences and hefty fines are common for drug crime convictions.
Schedules Of Controlled Substances
Florida’s drug schedules, found in Florida Statute § 893.03, closely resemble the federal drug schedules that Congress passed in 1970. The higher the schedule of the drug, the more restricted and addictive it is and, therefore, the more severe the penalties are.
Florida Schedule I Controlled Substances
According to Florida law, Schedule I controlled substances are the most dangerous and least medically useful. Most Schedule I drugs carry serious consequences. Florida criminal defense professionals suggest working with trusted illegal drug specialists if charged with a Schedule I drug offense.
Possession can result in up to five years of imprisonment, selling or possession of a certain amount can result in up to 15 years of imprisonment, and trafficking can result in up to 30 years with a minimum sentence of three years.
Some of the drugs listed as Schedule I in Florida include the following:
- Phencyclidine (PCP)
- Lysergic acid diethylamide (LSD)
- Hallucinogenic mushrooms (Psilocybin)
Florida Schedule II Controlled Substances
Schedule II illegal drugs have a high potential for abuse but have an accepted but severely restricted medical use in treatment. Possession of a Schedule II drug is either a second or third-degree felony, punishable by five to 15 years in prison.
Florida prosecutors will attempt to elevate the charge to a first-degree felony if police officers found you within 1,000 feet of a school, college, daycare, or public park. Common Schedule II drugs include:
Florida Schedule III Substances
A Schedule III substance has a lesser potential for abuse compared to Schedules I and II drugs and has a currently accepted medical use in treatment. Abuse of a Schedule III substance may lead to moderate or low physical dependence, high psychological dependence, or, physical damage.
Pensacola defendants charged with Schedule III drug crimes face five to 15 years of imprisonment. This will depend upon the amount of drugs found. Here are a few examples of Schedule III drugs:
Florida Schedule IV Drugs
Schedule IV drugs have a lower potential for abuse and are accepted for medical use in treatment. Florida lawmakers feel that Schedule IV drugs have a limited risk of dependence.
Many drugs in this category are used for sleep disorders and mental illnesses, such as depression and anxiety.
Using a drug without a prescription or falsifying a prescription can result in up to five years imprisonment. Common Schedule IV drugs include:
- Xanax (alprazolam)
- Valium (diazepam)
- Klonopin (clonazepam)
- Ativan (lorazepam)
- Halcion (triazolam)
Florida Schedule V
Florida Schedule V drugs have a low risk for abuse and have a currently accepted medical use for treatment. Abuse of these drugs lead can to limited physical or psychological dependence.
Schedule V drug cases generally result in misdemeanor charges. The penalties may include a sentence of up to a year in jail. Common Schedule V drugs include:
- Tylenol with Codeine
- Centussin DHC (brompheniramine/dihydrocodeine/phenylephrine)
- Robitussin (guaifenesin)
- M-phen (codeine/phenylephrine/promethazine)
- Poly-Tussin AC (brompheniramine, codeine, and phenylephrine)
- Lomotil (Diphenoxylate/Atropine)
- Lyrica (pregabalin)
Florida Drug Penalties
The penalties you face depend on the type of crime you’re charged with. There are also laws covering related aspects, such as possession of drug paraphernalia, driving under the influence, and selling or possessing prescription drugs. A majority of Florida drug crimes are felony offenses.
A drug conviction can result in jail or prison time, a large fine, probation, community control, participation in a drug court program, a driver’s license suspension, community service, and other lasting consequences.
Drug possession penalties range from a misdemeanor penalty of up to one year in jail or probation, and a maximum of $1,000 in fines, and court fees to first-degree felony possession charges that carry a maximum 30-year prison sentence and up to $250,000 in fines.
Illegal drug manufacturing could result in five years in prison and up to $5,000 in fines. If charged with a second-degree felony, the manufacturing of the following controlled substances could lead to a maximum of 15 years in prison and up to $10,000 in fine.
Drug trafficking penalties can range from three years in prison and a $25,000 fine up to life in prison without parole. You also could face 15 years in prison and a $250,000 fine for substances over 200 grams.
The maximum jail sentence and fines you face will vary depending on the type of drug and how much is in the perpetrator’s possession. Whether you have been arrested for the first time or have prior convictions will also play a role in the charges you face.
Defending Against a Drug Crime Charge in Florida
The charges you face and the strategy you use to combat them will depend on the type of drug involved, the quantity, and the charges against you. Illegal search and seizure, legal possession, lost evidence, and entrapment are common defenses our law office use to keep you out of state and federal prison. It doesn’t matter if you’re charged with the illegal sale of prescription drugs or more serious violent crimes.
Our Florida Criminal Defense Legal Group is sensitive to your needs, protects your confidential or sensitive information, and offers solutions on how to maintain your innocence. Our Pensacola drug crime law office understands the stress you’re up against when facing potential Florida penalties. We’ll work tirelessly to defend you in court.