Facing charges for possession of a controlled substance with intent to sell can be overwhelming and life-changing. Florida law takes these offenses seriously, imposing severe penalties that can include lengthy prison sentences.
Melbourne Lawyer for Possession of a Controlled Substance with Intent to Sell
Conspiring to sell drugs is a charge typically used by law enforcement against individuals believed to be known distributors who are currently holding drugs. This charge is an amplified version of the typical possession charge and can result in serious jail time or fines unless contested properly.
Germain Legal provides defense to those accused of possessing illegal substances with the intent to sell.
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 Possession of a Controlled Substance with Intent to Sell?
- What Are the Penalties?
- What Are the Penalties for Repeat Offenders?
- What Are Potential Alternatives to Incarceration?
- Impact of a Drug Conviction Beyond Criminal Penalties
- What Are Potential Defenses?
- What Can a Drug Possession Lawyer Do For Me?
- Frequently Asked Questions
- Additional Resources
- Hire a Possession of a Controlled Substance With an Intent to Sell Lawyer in Brevard County
What Is Possession of a Controlled Substance with Intent to Sell?
According to Florida Statutes Section 893.13(1)(a), to obtain a conviction for possession of a controlled substance with intent to sell, a prosecutor must prove the following:
- Possession: The prosecutor has to prove that the person had possession of a controlled substance. Actual possession means a substance was physically on the individual, where constructive possession means an individual had control over the location where the substance was found.
- Controlled Substance: The substance in question must be one that is classified as a controlled substance under Florida Statutes Section 893.03, which lists and categorizes drugs into schedules based on their medical use and potential for abuse.
- Knowledge: The prosecutor must establish that the person knew or should have known that the substance was a controlled substance.
- Intent to Sell, Manufacture, or Deliver: It must be shown that the person intended to sell, deliver, or manufacture the controlled substance. This intent can be demonstrated through circumstantial evidence, such as the amount of the drug, how it was packaged, the presence of scales, baggies, or large amounts of cash, or any statements made by the person.
What Are the Penalties?
| Classification | Penalty |
|---|---|
| Possession with Intent to Sell a Schedule I or Schedule II Controlled Substance (Less than 10 grams) | Felony (Second Degree): Up to 15 years in prison and a fine up to $10,000. |
| Possession with Intent to Sell a Schedule I or Schedule II Controlled Substance (10 grams or more) | Felony (First Degree): Up to 30 years in prison and a fine up to $10,000. |
| Possession with Intent to Sell a Schedule III Controlled Substance | Felony (Third Degree): Up to 5 years in prison and a fine up to $5,000. |
| Possession with Intent to Sell a Schedule IV Controlled Substance | Felony (Third Degree): Up to 5 years in prison and a fine up to $5,000. |
| Possession with Intent to Sell a Schedule V Controlled Substance | Misdemeanor (First Degree): Up to 1 year in jail and a fine up to $1,000. |
| Possession with Intent to Sell Cannabis (20 grams or less) | Misdemeanor (First Degree): Up to 1 year in jail and a fine up to $1,000. |
| Possession with Intent to Sell More than 20 Grams of Cannabis | Felony (Third Degree): Up to 5 years in prison and a fine up to $5,000. |
| Possession with Intent to Sell a Controlled Substance within 1000 feet of Schools, Parks, Churches, or Other Specified Locations | Felony (First Degree): Up to 30 years in prison and a fine up to $10,000. A minimum term of 3 years in prison applies if the offense occurs near a childcare facility. |
| Possession with Intent to Sell a Controlled Substance and Causing Serious Injury to a Law Enforcement Officer or Other Specified Public Worker | Felony (Second Degree): Up to 15 years in prison and a fine up to $10,000. If the injury results in death or great bodily harm, penalties increase to up to 30 years in prison. |
| Possession with Intent to Sell 10 grams or more of certain Schedule I or Schedule II Controlled Substances (e.g., heroin, fentanyl) | Felony (First Degree): Up to 30 years in prison and a fine up to $10,000. |
| Possession with Intent to Sell a Controlled Substance in a Structure or Conveyance with a Child Present | Felony (First Degree): Up to 30 years in prison and a fine up to $10,000. A minimum term of 5 years in prison applies. |
What Are the Penalties for Repeat Offenders?
| Classification | Penalty |
| Possession with Intent to Sell a Controlled Substance (Second Offense for Any Schedule I or II Substance) | Felony (First Degree): Up to 30 years in prison and a fine up to $10,000. The defendant is considered a habitual felony offender, which can lead to enhanced penalties, including mandatory minimum sentences and longer prison terms. |
| Possession with Intent to Sell a Controlled Substance (Second Offense for Any Schedule III or IV Substance) | Felony (Second Degree): Up to 15 years in prison and a fine up to $10,000. Enhanced penalties may apply under the habitual felony offender statute. |
| Possession with Intent to Sell a Controlled Substance (Second Offense for Any Schedule V Substance) | Felony (Third Degree): Up to 5 years in prison and a fine up to $5,000. Enhanced penalties may apply, particularly under the habitual offender statute. |
| Possession with Intent to Sell a Controlled Substance Near a School, Park, Church, or Other Specified Location (Repeat Offense) | Felony (First Degree): Up to 30 years in prison and a fine up to $10,000. Repeat offenders face mandatory minimum sentences, which can be significantly longer than those for first-time offenders. |
| Habitual Felony Offender (for any controlled substance possession with intent to sell offense) | Felony: Enhanced penalties under Florida’s habitual felony offender statute, which can include doubling the maximum prison term for the offense and mandatory minimum sentences. For some offenses, life imprisonment may be possible. |
What Are Potential Alternatives to Incarceration?
- Probation: In Florida, probation is a common alternative to jail for individuals convicted of lower-level drug offenses. Under probation, the person is allowed to live in the community under a probation officer’s supervision. They have to follow specific rules, such as regularly reporting to their probation officer, staying employed, avoiding further legal trouble, and possibly undergoing drug treatment or testing.
- Drug Court: Florida offers drug courts as an alternative to traditional sentencing for those charged with drug offenses. These courts focus on rehabilitation rather than punishment. Participants are required to complete a treatment program, which may include counseling, drug testing, and regular court appearances. Successful completion of the program can lead to reduced charges or dismissal of the case.
- Pretrial Diversion: This option is available for some first-time offenders and involves entering a program that may include community service, counseling, and educational classes. If the individual successfully completes the program, the charges may be dropped, avoiding a conviction on their record.
- Community Control: Sometimes referred to as house arrest, community control is a more restrictive form of probation where the person is confined to their home except for approved activities like work, school, or medical appointments. This option is closely monitored, often with electronic monitoring devices.
- Withheld Adjudication: In some cases, the court may offer to withhold adjudication, meaning the person is not formally convicted of the crime, even if they plead guilty or are found guilty. This typically comes with conditions similar to probation. If the person meets these conditions, they avoid a formal conviction, which can have significant long-term benefits.
- Substance Abuse Treatment Programs: Florida courts may order participation in a substance abuse treatment program as part of probation or as a standalone sentence. These programs aim to address the root causes of drug-related offenses and help individuals recover from addiction, which can prevent future legal issues.
Impact of a Drug Conviction Beyond Criminal Penalties
A conviction for possession with intent to sell can affect more than just criminal penalties like prison time or fines. It may also lead to the loss of property, difficulty in securing housing, denial of student loans or financial aid, trouble obtaining a college degree, and barriers to employment. These consequences can last long after the legal case is over, making it essential to understand the full impact of a conviction.
What Are Potential Defenses?
What Can a Drug Possession Lawyer Do For Me?
- Lack of Knowledge: The person accused must have known that the substance was in their possession. If they were unaware of the presence of the controlled substance, this defense can be used. For instance, if someone unknowingly carried a bag that contained drugs, they might not be legally responsible.
- Lack of Intent to Sell: Simply possessing a controlled substance does not automatically mean the person intended to sell it. If there is no concrete evidence, such as scales, baggies, or large amounts of cash, that shows an intent to distribute, this defense could apply.
- Legal Possession: If the controlled substance was legally obtained through a valid prescription or lawful means, this can be a strong defense. The possession is lawful, even if it was later mistaken for an illegal act. This can apply even if the prescription was from a different state or an online pharmacy, as long as it was legally obtained.
- Entrapment: If law enforcement officers pressured or tricked the person into committing a crime they would not have otherwise committed, this defense could be used. The key is proving that the idea and pressure to commit the crime came from the authorities.
- Illegal Search and Seizure: If the police found the controlled substance during an unlawful search, the evidence might be excluded. The Fourth Amendment protects against unreasonable searches and seizures, so if the search violated this right, the case could be dismissed.
- Temporary Possession: If the person only had the controlled substance temporarily and with the intent to dispose of it properly or return it to the rightful owner, this defense might apply. The intent to rid oneself of the substance can negate the intent to sell.
- Constructive Possession: To convict, the prosecution must show that the person had control over the substance. If the drugs were found in a shared space or a place where many people had access, it might be hard to prove that the person had control or ownership of the drugs.
- Mistaken Identity: If the drugs were found in a location accessible to multiple people, the person charged might argue that the drugs did not belong to them. This defense challenges the prosecution’s ability to prove who the drugs actually belonged to.
- Lack of Control over the Area: If the controlled substance was found in a place where the accused had no control or access, such as a public area or another person’s property, it might be difficult to prove that the person was responsible for the substance.
Frequently Asked Questions
If you’re facing a charge of possession of a controlled substance with intent to sell, you’re likely feeling a lot of stress and uncertainty about what comes next. This is where having a lawyer with experience in these types of cases can make a big difference. Here’s how a lawyer can help you through this difficult situation.
First, your lawyer will take the time to thoroughly review the details of your case. This includes going over the evidence against you, such as any drugs found in your possession, any statements you made, and the circumstances of your arrest. By doing this, your lawyer can identify any issues that might work in your favor.
Your lawyer will also be in constant communication with the prosecution. This can involve negotiating to reduce the charges or the potential penalties you face. For example, in some cases, it may be possible to have the charge reduced from intent to sell to simple possession, which typically carries less severe consequences.
In court, your lawyer will be your voice, challenging the prosecution’s evidence and presenting arguments that support your defense. This could involve questioning the legality of the search and seizure, or disputing the prosecution’s claim that you intended to sell the drugs found.
Another important role your lawyer plays is advising you on the best course of action throughout the legal process. This includes whether to accept a plea deal or go to trial, and what to expect at each stage of your case.
Additionally, your lawyer will help you understand the potential consequences of a conviction and work to minimize the impact on your life. This could involve exploring alternatives to incarceration, such as drug treatment programs or probation, depending on the circumstances of your case.
Finally, having a lawyer on your side means you’ll have someone who is looking out for your rights and interests at all times. They will answer your questions and provide you with the support you need during a very challenging time.
Additional Resources
Florida Statutes Section 893.13 – Florida Statutes Section 893.13 outlines the illegal activities related to controlled substances, such as selling, manufacturing, or delivering drugs. The law also specifies penalties, which range from misdemeanors to felonies, based on the type and quantity of the drug involved, as well as the location where the offense occurred. This law includes stricter punishments for violations near schools, parks, and other designated areas. It also covers the legal consequences for drug-related offenses involving minors.
Florida Controlled Substances Schedules – This law identifies controlled substances in Florida, listing drugs across five schedules based on their potential for abuse and accepted medical use. Schedule I drugs have the highest potential for abuse with no accepted medical use, while Schedule V substances have a lower potential for abuse. The schedules also exclude certain drugs that are listed under federal regulations.
Commonly Used Drugs Charts – This resource from the National Institute on Drug Abuse offers an overview of commonly used drugs, including their effects, risks, and withdrawal symptoms. The chart covers a wide range of substances, from alcohol and cannabis to synthetic drugs like K2/Spice and bath salts. It includes information on how these drugs are commonly taken, their short-term and long-term effects, and potential health risks.
Hire a Possession of a Controlled Substance With an Intent to Sell Lawyer in Brevard County
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.
