Orlando Manufacturing/Delivery Defense Attorney
Manufacturing/ Delivery crimes are very serious crimes in Florida. Florida Courts tend to punish offenders severely. According to Florida Statute 893.149, the crime of cultivating or Manufacturing controlled substances occurs when a person participates in any part of the process of creating an illegal drug. This process can include the Distributing of Materials. Distributing Materials crimes, prohibits any person from supplying chemicals, chemical mixtures, components, or materials if that person has reasonable cause to know that the substances will be used to make illegal drugs. According to Florida Statute 893.13, the crime of sale or Delivery of a controlled substance occurs when a person actually or constructively transfers a controlled substance to another person.
Elements of Manufacturing/Delivery Crimes
In order to obtain a conviction for Manufacturing/Delivery Crimes in any form, Orange County prosecutors must prove these factual elements beyond a reasonable doubt:
- Defendant had intent to manufacture/deliver the controlled substance; and
- Defendant knew or should have known what they were manufacturing/delivering was a controlled substance.
The crime of Manufacturing and Delivery of a controlled substance has a wide range of punishments, depending on the type of drug or amount of the drug involved.
Cultivating marijuana may be prosecuted as a third degree felony, which may result in:
- Five years in prison; and/or
- $5,000 fine.
Controlled substances (that are not marijuana) may be prosecuted as a second degree felony, which may result in:
- 15 years in prison; and/or
- Up to $10,000 fine.
Manufacturing/Delivery charges can be combated by several differences. Each situation is different, but common defenses to Manufacturing/Delivery charges include:
- Unlawful search and seizure of controlled substances or related evidence; and
- Medical necessity (limited defense).
If you find yourself standing accused of Manufacturing/Delivery you need to be sure you have a good lawyer on your side. Florida Courts tend to aggressively penalize those charges with Manufacturing/Delivery. Facing Manufacturing/Delivery charges, especially in Florida, 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.