Methamphetamine-related crimes carry serious consequences under Florida law given the substance’s classification as a highly addictive and dangerous drug.
Melbourne Attorney for Methamphetamine Crimes
If you have been charged with any charge related to the possession including illegal possession or distribution, you need to contact an experienced drug charge lawyer. These charges can result in years in prison and permanent branding as a felon if not contested.
Germain Legal provides legal defense to those charged with drug crimes on the Space Coast and throughout Central Florida.
Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
- What Is Methamphetamine?
- What Are Methamphetamine Crimes?
- What Are the Penalties for Methamphetamine?
- What Are Potential Alternatives to Incarceration?
- What Are Potential Defenses to Methamphetamine Charges?
- What Can a Methamphetamine Possession Attorney Do For Me?
- Frequently Asked Questions
- Additional Resources
- Hire an Attorney for Methamphetamine Crimes in Brevard County Florida
What Is Methamphetamine?
Methamphetamine (AKA meth) is an addictive stimulant that impacts the central nervous system. It typically appears as a crystalline powder which can be ingested by smoking, snorting, injecting, or swallowing. Methamphetamine increases the amount of dopamine in the brain, creating intense feelings of euphoria, heightened energy, and increased alertness. However, its effects are short-lived, leading many users to binge on the drug, which significantly increases the risk of addiction.
Illegally, methamphetamine is often produced in makeshift labs, making it dangerous not only to users but also to communities where it’s manufactured. Meth use is associated with severe health risks, including rapid weight loss, dental problems (“meth mouth”), cardiovascular damage, and cognitive impairment. Chronic use can lead to violent behavior, paranoia, and hallucinations.
Under Florida Statues Section 893.03(2)(c), the specific methamphetamine-related drugs that are classified under Schedule II include:
- Methamphetamine: This is listed directly under Schedule II and includes its salts, isomers, and salts of isomers.
- Lisdexamfetamine: This is a prodrug of dextroamphetamine, which is chemically related to methamphetamine. It’s used medically, primarily for ADHD and binge eating disorder, but it’s also classified as a Schedule II drug because of its potential for abuse.
Schedule II drugs have high potential for abuse, severe psychological or physical dependence, and limited but accepted medical use.
What Are Methamphetamine Crimes?
According to Florida Statutes Section 893.13, methamphetamine crimes involve the illegal acts of selling, manufacturing, delivering, or possessing methamphetamine. For a person to be convicted of methamphetamine crimes, the prosecutor must prove the following:
- Knowledge: The person knew that the substance involved was methamphetamine or a controlled substance.
- Possession or Control: The person had actual or constructive possession of methamphetamine. Actual possession means the drug was on the person or in close proximity, while constructive possession means the person had control over the location where the drug was found.
- Intent: The person intended to sell, manufacture, or deliver the methamphetamine, or possessed the methamphetamine with the intent to sell, manufacture, or deliver it.
- Location (if applicable): If the offense occurred within 1,000 feet of a school, childcare facility, park, or similar location, the prosecutor must prove the proximity to enhance the severity of the charge.
What Are the Penalties for Methamphetamine?
| Offense | Penalty |
|---|---|
| Possession of Methamphetamine | Felony of the third degree. Punishable by up to 5 years in prison and a fine of up to $5000. |
| Sale, Manufacture, or Delivery of Methamphetamine | Felony of the second degree. Punishable by up to 15 years in prison and a fine of up to $10000. |
| Trafficking in Methamphetamine | – 14 grams or more but less than 28 grams: Felony of the first degree. Mandatory minimum sentence of 3 years in prison and a fine of $50000. – 28 grams or more but less than 200 grams: Felony of the first degree. Mandatory minimum sentence of 7 years in prison and a fine of $100000. – 200 grams or more but less than 400 grams: Felony of the first degree. Mandatory minimum sentence of 15 years in prison and a fine of $250000. – 400 grams or more: Felony of the first degree. Mandatory minimum sentence of 25 years in prison and a fine of $500000. |
| Manufacturing Methamphetamine in the Presence of a Child Under 16 Years Old | Felony of the first degree. Mandatory minimum sentence of 5 years in prison. |
| Manufacturing Methamphetamine Causing Great Bodily Harm to a Child Under 16 Years Old | Felony of the first degree. Mandatory minimum sentence of 10 years in prison. |
| Possession with Intent to Sell, Manufacture, or Deliver within 1000 feet of a School, Park, or Other Specified Area | Felony of the first degree. Punishable by up to 30 years in prison and a fine of up to $10000. A mandatory minimum sentence may apply. |
What Are Potential Alternatives to Incarceration?
- Probation: An individual may be placed on probation instead of being sent to jail. Probation typically involves regular check-ins with a probation officer, restrictions on travel, and mandatory drug testing. If the individual follows the rules set by the court, they can avoid jail time.
- Substance Abuse Treatment Programs: The court may require an individual to attend and complete a substance abuse treatment program. This can be either inpatient or outpatient treatment. Successful completion may reduce the severity of the sentence.
- Drug Court Programs: Florida offers specialized drug courts as an alternative for individuals with substance abuse issues. Participants must undergo regular drug testing, attend treatment programs, and appear before the drug court judge regularly. Successful completion of the program may result in reduced charges or dismissal of charges.
- Pretrial Diversion Programs: For first-time offenders, Florida may offer a pretrial diversion program. This involves agreeing to certain conditions, such as drug treatment and community service. If the individual completes the program successfully, the charges may be dropped.
- House Arrest: Instead of jail, a person may be placed under community control, also known as house arrest. They are confined to their home and must wear an electronic monitoring device. They can leave home only for work, school, or other approved activities.
What Are Potential Defenses to Methamphetamine Charges?
No Knowledge: The defendant may argue they were unaware that they possessed methamphetamine or any related controlled substance.
No Possession: If the defendant did not have constructive or actual possession of the methamphetamine, they could argue that the drugs were not in their control or that someone else had control over the substance.
Entrapment: If law enforcement induced the defendant to commit the crime that they would not have otherwise committed, the defendant could use the entrapment defense. This defense requires proving that law enforcement’s actions led the defendant to commit the crime.
Illegal Search and Seizure: The defendant can challenge the legality of how the evidence (methamphetamine) was obtained. If law enforcement conducted an unlawful search or seizure in violation of the Fourth Amendment, the evidence may be suppressed, and the charges could be dropped.
Prescription Defense: Methamphetamine is sometimes legally prescribed for certain medical conditions, such as ADHD (as in the case of Lisdexamfetamine). If the defendant possessed the methamphetamine legally under a valid prescription, they might use this defense to justify possession.
Lack of Intent to Distribute: If the defendant is charged with intent to sell or distribute methamphetamine, they may argue that the amount of the drug found was for personal use and not for sale. This defense often relies on the quantity of the drug found and the absence of other indicators of distribution.
What Can a Methamphetamine Possession Attorney Do For Me?
Understanding Your Charges
Your lawyer will explain the specific charges against you and what they mean in practical terms. Methamphetamine crimes can range from possession to trafficking, and each carries different penalties. Knowing exactly what you’re facing is the first step in building your defense.
Protecting Your Rights
From the moment you’re charged, you have legal rights that need protection. A lawyer ensures that your rights are upheld throughout the legal process, whether it’s during police questioning, in court, or in negotiations with prosecutors.
Investigating Your Case
A thorough investigation is key to your defense. Your lawyer will gather evidence, talk to witnesses, and examine the details of your arrest. This investigation can uncover facts that may work in your favor, such as improper police procedures or weak evidence.
Negotiating with Prosecutors
In many cases, a lawyer can negotiate with the prosecution to reduce the charges or penalties you face. This could mean a lesser charge, a reduced sentence, or an alternative punishment like rehabilitation instead of jail time.
Preparing for Court
If your case goes to trial, your lawyer will prepare a strong defense strategy. This includes presenting evidence, questioning witnesses, and arguing on your behalf in court. A well-prepared defense can make a significant difference in the outcome of your case.
Providing Guidance and Support
Facing a methamphetamine charge can be stressful and confusing. Your lawyer will be there to guide you through each step of the legal process, answering your questions and helping you make informed decisions about your case.
Frequently Asked Questions
Can someone be charged with trafficking methamphetamine even if they did not intend to sell it? Yes, under Florida law, a person can be charged with trafficking methamphetamine based solely on the quantity of the drug in their possession, regardless of intent to sell.
What are the consequences of manufacturing methamphetamine near certain locations? Manufacturing methamphetamine within 1,000 feet of a school, childcare facility, park, or similar location significantly enhances penalties. This can elevate the offense to a first-degree felony with mandatory minimum sentences.
Is methamphetamine use itself a criminal offense in Florida? Yes, methamphetamine use is a criminal offense in Florida. Although using the drug may not be explicitly listed as a separate crime, possessing methamphetamine, even for personal use, is illegal and can result in charges.
Can the penalties for methamphetamine crimes be reduced through plea bargaining? Yes, in some cases, penalties for methamphetamine crimes can be reduced through plea bargaining. A defense attorney may negotiate with the prosecution to reduce charges, minimize prison time, or secure alternative sentencing options like drug court, especially for first-time offenders or those with mitigating circumstances.
Additional Resources
Florida Statutes Section 893.13 – Florida Statutes Section 893.13 outlines the legal consequences for various drug-related activities, such as selling, manufacturing, or delivering controlled substances. The law imposes severe penalties, including felony charges for those involved in drug offenses near schools, parks, and other public areas. It also covers the unlawful possession of controlled substances and the penalties for those who distribute or possess drugs in specific protected zones.
What Is Methamphetamine? – This resource provides an overview of methamphetamine, including its history, mechanism of action, adverse effects, and the risks associated with its use. It also discusses the various ways methamphetamine is administered, its toxic effects, and the challenges it presents to healthcare providers.
Methamphetamine Use, Overdose Deaths, and Arrests Soared From 2015 to 2019 – This article by the Pew Charitable Trusts examines the alarming increase in methamphetamine use, overdose deaths, and arrests across the United States between 2015 and 2019. The report highlights the limitations of the criminal justice response to the methamphetamine crisis.
Hire an Attorney for Methamphetamine Crimes in Brevard County Florida
Germain Legal provides legal defense to those charged with drug crimes on the Space Coast and throughout Central Florida.
Our office is located in Melbourne, Florida and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County, Vero Beach and Sebastian in Indian River County, Deltona and Dayton Beach in Volusia County, and Kissimmee and Poinciana in Osceola County.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
