Switch to ADA Accessible Website
Orlando Criminal Lawyer

Florida Drug Charges: Possession With Intent To Sell, Manufacture Or Deliver


All drug charges should be taken seriously. A conviction could cost your freedom. At the same time, not all drug charges are created equal. A trafficking, distribution, or manufacturing charge is generally a lot more severe than a simple possession charge. However, possession could be charged as a “trafficking” offense on the grounds of the defendant’s alleged intent to sell, manufacture, or deliver a controlled substance. In this article, our Orlando drug crimes defense lawyers provide an in-depth overview of the most important things that you should know about possession with intent to sell, manufacture, or deliver charges in Florida.

Know the Law: Possession With Intent to Sell, Manufacture or Deliver

Under Florida law (Florida Statutes § 893.13), it is a criminal offense to “possess with intent to sell, manufacture, or deliver, a controlled substance.” This is a serious criminal charge that could be a third degree felony or even a second degree felony depending on the specific allegations. To obtain a conviction for possession with intent to sell, manufacture, or deliver, prosecutors must prove:

  1. The defendant was in actual or constructive possession of a banned controlled substance;
  2. The defendant had knowledge of the controlled substance; and
  3. The defendant had actual intent to sell, manufacture, or deliver.

These cases generally turn on intent. It can sometimes be a difficult thing for prosecutors to prove. A court will consider the totality of the circumstances, including the amount of the drug, statements made by the defendant, statements made by witnesses/associates, and other relevant evidence. 

What are the Penalties Associated With this Drug Offense? 

There are serious criminal penalties for possession with intent to sell, manufacture, or deliver in Florida. A third degree felony carries a maximum sentence of 5 years in state prison. A second degree felony carries a maximum sentence of 15 years in state prison. Of course, there will be other adverse consequences as well. Specific penalties will depend on many factors, including the type of drug, the amount of drug, and defendant’s criminal history or lack thereof. 

Defending a Possession With Intent to Sell, Manufacture or Deliver Charge in Florida 

In Florida, being charged with possession with intent to sell, manufacture or deliver can result in serious consequences, including hefty fines and imprisonment. It is essential to work with an experienced Florida criminal defense attorney to defend against these charges. How exactly this type of case should be defended depends on many different factors. Here are some of the most notable defense strategies:

  • Challenging the legality of the search and seizure of the alleged drugs or evidence;
  • Arguing that the drugs were not in the defendant’s possession or control;
  • Challenging the prosecution’s evidence and the credibility of the witnesses;
  • Asserting that the defendant had no intent to sell, manufacture or deliver the drugs; and
  • Negotiating a plea bargain to reduce the charges or sentence. 

Call Our Orlando Drug Trafficking Defense Attorney for Immediate Help

At The Baez Law Firm, our Orlando drug crimes defense attorney is a passionate, justice driven advocate for clients. If you or a loved one was arrested and charged with possession with intent to sell, manufacture, or deliver, we can help. Contact our criminal defense team today for a fully private case review. From our Orlando law office, we serve clients throughout Central Florida.

  • Facebook
  • Twitter
  • LinkedIn

Miami Office

1200 Brickell Avenue, Suite 1410
Miami, FL 33131
Office: 305-999-5100
Fax: 305-999-5111

Orlando Office

250 N Orange Ave, Suite 750
Orlando, FL 32801
Office: 407-705-2626
Fax: 407-705-2625

Email Us

Fields Marked * Are required

DISCLAIMER: Completing and submitting this form or otherwise merely contacting The Baez Law Firm or any individual at the firm will not establish an attorney/client relationship. Our firm cannot represent you until we determine that there would be no conflict of interest and that we are otherwise able to accept representation of your case. Please do not send any information or documents until a formal attorney/client relationship has been established through an interview with an attorney and you have been given authorization in the form of an engagement letter with The Baez Law Firm. Any information or documents sent via this form or otherwise prior to your receipt of an engagement letter will not be treated as confidences, secrets, or protected information of any nature. Submitting information regarding your potential case will not bar The Baez Law Firm from representing or continuing to represent a person or entity whose interest are adverse to your in condition with your case.

protected by reCAPTCHA Privacy - Terms
Please review the highlighted fields. They are required.
DISCLAIMER: This website contains information about The Baez Law Firm that includes testimonial statements from persons who are familiar with the firm's services. The testimonials shown are not necessarily representative of every person's experience with us. Testimonials from every client are not provided. As no two situations or persons are identical, the facts and circumstances of your situation may differ from those for which testimonials are shown. This website also includes information about some of the past results that we have obtained for our clients. Not all results are provided, and the results shown are not necessarily representative of all results obtained by us. No two situation are exactly alike; every person's situation is unique and the outcome for each person depends on the individual facts.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
MileMark Media - Practice Growth Solutions

© 2015 - 2024 Baez Law Firm. All rights reserved.
This law firm website and legal marketing are managed by MileMark Media.

Contact Form Tab Contact Form Tab