ACTUAL OR CONSTRUCTIVE POSSESSION OF A STRUCTUTURE USED FOR TRAFFICKING CONTROLLED SUBSTANCE

Drug Dealing: Cannabis, Heroin, Cocaine, Meth Defense Attorney

Drug Dealing charges in Florida is the most serious type of drug crime to be charged with. According to Florida Statute 893.135, the crime of Drug Dealing is defined as the intentional sale, possession with intent to sell, manufacture, purchase, or importation of illegal substances above a specified amount. According to Florida Statues drug trafficking amounts differ depending on the type of substance and amount to be trafficked.

Prosecutors must show beyond a reasonable doubt that defendant:

  1. knowingly possessed;
  2. knowingly sold, manufactured, or delivered;
  3. the controlled substance at issue; and
  4. with intent to sale or deliver the controlled substance.

Penalties

Drug Dealing Cannabis, Heroin, Cocaine, and/or Meth are all punishable by driver’s license suspension (Florida Statute 322.055) and potential suspension of any Professional License issued by state of Florida (Florida Statute 893.11). Listed below are the details, according to Florida Statute 893.13, of further penalties for the sale or delivery of each individual drug.

CANNABIS

Third-degree felony, punishable by:

  • up to five years in prison;
  • up to five years of probation; and
  • up to a $5,000 fine.

HEROIN

Second-degree felony, punishable by:

  • up to fifteen years in prison;
  • up to fifteen years of probation; and
  • up to a $10,000 fine.

COCAINE

Second-degree felony, punishable by:

  • up to fifteen years in prison;
  • up to fifteen years of probation; and
  • up to a $10,000 fine.

METH

Second-degree felony, punishable by:

  • up to fifteen years in prison;
  • up to fifteen years of probation; and
  • up to a $10,000 fine.

Possible Defenses

Drug Dealing of a Cannabis, Cocaine, Heroin, or Meth may be combated by challenging constructive possession charges by establishing that:

  • Defendant lacked knowledge or intent necessary for commission of the crime.

  • Defendant possessed the controlled substance for personal use and not for sale or distribution.
  • Unlawful search and seizure violating defendant’s Fourth Amendment rights.
  • Entrapment by law enforcement.

SERCOMBE LAW

If you find yourself standing accused of Drug Dealing Cannabis, Cocaine, Heroin, or Meth, you need to be sure you have a good lawyer on your side. Florida can issue severe penalties for Drug Dealing in the state. Facing Drug Dealing charges, for these drugs specifically, can be tricky without the proper representation. For a free consultation with an experienced criminal defense attorney in Orlando, contact Sercombe Law. We routinely handle matters in Orange County and nearby jurisdictions.