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:
- The defendant was in actual or constructive possession of a banned controlled substance;
- The defendant had knowledge of the controlled substance; and
- 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.