Possession with Intent Laws in Florida

Miami Possession Lawyers

When it comes to drug crimes, our state has some of the most stringent laws in the nation. Possession with intent to sell, manufacture or deliver illegal narcotics such as heroin, cocaine, methamphetamines, marijuana, or prescriptions carries extremely heavy penalties.

Possession with intent to sell or distribute is a much more serious crime than simple possession, and is a felony offense. If you are facing charges of possession with intent, you may be dealing with a 3rd degree felony charge, which can mean up to 15 years in prison and $200,000 or more in fines.

Penalties for Possession with Intent

Penalties for possession with intent to sell are those that are imposed for a 2nd or 3rd degree felony, and subject to the state's sentencing guidelines. Possession of 20 grams or more carries a sentence of 5 years in prison and a $5000 fine. Examples of penalties for specific offenses include:

  • For marijuana grow houses with 300 to 2000 plants or between 28 to 200 grams of cocaine, you face a minimum of 3 years in prison.
  • If you are in possession of between 2000 lbs. to 10,000 lbs. of marijuana or between 200 to 400 grams of cocaine, you face a minimum 7-year prison sentence.
  • If you are in possession of more than 10,000 lbs. of marijuana or between 400 grams to 150 kilograms of cocaine you face a 15-year prison sentence.

Penalties for all drug crimes whether it is marijuana, cocaine, heroin or prescription drugs are extremely severe when it is alleged that you are involved in the illegal drug trade, whether on a small scale or as part of a large-scale operation. Each sentence also carries fines from $1,000 up to $200,000. The location can play a part in the sentence imposed, with enhanced penalties for a crime that was in proximity to a school or park.

Fighting the Prosecution's Evidence in Miami Drug Cases

There are procedures that law enforcement must adhere to, and defendants and suspects in criminal cases have many rights that must be protected. There may be assumptions and erroneous conclusions about your involvement, or you may be a victim of a rights violation in search and seizure. In order to be convicted, it is necessary for the prosecutor to prove beyond a reasonable doubt that you intended to sell the narcotics.

The amount of drugs found on your person or believed to be under your control is a key factor. They will use evidence of statements you make, the manner by which the narcotics were being packaged or transported, any firearms or paraphernalia such as scales for weight measurements found at the scene to prove intent.

Our Miami criminal defense lawyers at DeFabio, Beckham & Solis, P.A. are skilled litigators with over 30 years of combined criminal defense experience in getting sentences reduced, charges dismissed and winning jury trials.

We believe it is our job to protect and defend you rights and we have impressive credentials and experience at trial. Contact us to discuss your charges and defense options or take a few minutes to fill out a free case evaluation form.

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DeFabio, Beckham & Solis, P.A. - Miami Criminal Defense Attorney

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