Fentanyl, a powerful opioid with legitimate medical uses, has become a significant concern because of its role in the growing drug crisis. In Florida, fentanyl-related offenses carry severe penalties reflecting the state’s strong stance against this dangerous drug.
Melbourne Lawyer for Fentanyl Crimes
If you have been charged with a fentanyl-related crime, including homicide or manslaughter as the result of selling marijuana unknowingly laced with fentanyl, you need to contact an experienced defense attorney immediately.
Germain Legal provides criminal defense against accusations of fentanyl-related crimes for those along the Space Coast and in Central Florida.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
- What Are Fentanyl Crimes?
- Elements a Prosecutor Must Prove
- What Are the Penalties for Fentanyl in Florida?
- What Are Potential Alternatives to Incarceration for Fentanyl Charges in Florida?
- What Are Potential Defenses to Fentanyl Charges?
- What Can a Fentanyl Charges Attorney Do For Me?
- Frequently Asked Questions
- Additional Resources
- Hire a Lawyer for Fentanyl Crimes in Brevard County Florida
What Are Fentanyl Crimes?
Fentanyl is a powerful synthetic opioid used primarily for treating severe pain, such as that experienced by cancer patients. It is significantly stronger than other opioids like morphine—estimated to be 50 to 100 times more potent. Medically, fentanyl is prescribed in controlled doses, often in the form of patches, lozenges, or injections, to manage pain that cannot be relieved by other medications.
However, fentanyl is also produced and distributed illegally, contributing to a growing drug abuse crisis. Illicit fentanyl is often mixed with other drugs like heroin or cocaine, sometimes without the user’s knowledge, leading to an increased risk of overdose. Even very small amounts of fentanyl can be lethal because of its high potency.
According to Florida Statutes Section 893.135(1)(c), a fentanyl crime involves unlawful actions related to fentanyl. Under Florida Statutes Section 893.02(2)(b), fentanyl is classified as a Schedule II controlled substance, indicating a high potential for abuse but with accepted medical use under strict regulation.
Elements a Prosecutor Must Prove
- Unlawful Activity: The prosecutor must prove that the person engaged in selling, purchasing, manufacturing, delivering, or possessing fentanyl, a fentanyl derivative, or any mixture containing these substances.
- Quantity Involved: The prosecutor must prove the quantity of fentanyl or its derivatives involved.
- Knowledge and Intent: The person must have knowingly engaged in the illegal activity. This means they were aware of their actions and the nature of the substance involved.
- Possession or Control: The prosecutor must demonstrate that the person had actual or constructive possession or control of the fentanyl or related substances.
What Are the Penalties for Fentanyl in Florida?
| Offense | Penalty |
| Simple possession of Fentanyl (less than 4 grams) | Felony of the third degree – Up to 5 years imprisonment and $5,000 fine |
| Possession of 4 grams or more of Fentanyl, Fentanyl derivatives, or analogs | Felony of the first degree – 4 to 14 grams: Minimum 7 years imprisonment and $50,000 fine – 14 to 28 grams: Minimum 20 years imprisonment and $100,000 fine – 28 grams or more: Minimum 25 years imprisonment and $500,000 fine |
| Sale, manufacture, or delivery of Fentanyl | Felony of the first degree – Up to 30 years imprisonment and $10,000 fine – Enhanced penalties if within 1,000 feet of a school, park, or other protected area |
| Selling or delivering 4 grams or more of Fentanyl to a minor | Felony of the first degree – 25 years to life imprisonment – Up to $1,000,000 fine – Applies if substance resembles food products, uses trademarks, or resembles candy or vitamins |
| Unlawful distribution of Fentanyl causing overdose or serious injury | Felony of the second degree – Up to 15 years imprisonment and $10,000 fine – If prior conviction: Upgraded to a felony of the first degree with increased penalties |
| Reckless exposure of first responder to Fentanyl causing overdose or serious injury | Felony of the second degree – Up to 15 years imprisonment and $10,000 fine |
| Trafficking in Fentanyl (4 grams or more) | Felony of the first degree – 4 to 14 grams: Minimum 7 years imprisonment and $50,000 fine – 14 to 28 grams: Minimum 20 years imprisonment and $100,000 fine – 28 grams or more: Minimum 25 years imprisonment and $500,000 fine |
What Are Potential Alternatives to Incarceration for Fentanyl Charges in Florida?
- Probation
Conditions may include regular check-ins with a probation officer, drug testing, and avoiding any further criminal activity. Probation terms can vary depending on the seriousness of the offense, but successfully completing probation can result in reduced penalties or avoiding incarceration altogether. Violating probation, however, can lead to harsher penalties, including imprisonment. - Substance Abuse Treatment Programs
Courts in Florida may allow defendants facing fentanyl charges to enter substance abuse treatment programs. These programs can be either inpatient or outpatient, depending on the individual’s needs. Successfully completing a court-ordered treatment program can be an alternative to incarceration, especially for individuals with addiction issues. The goal of these programs is to rehabilitate the defendant and prevent future offenses by addressing the root causes of substance abuse. - Drug Court Programs
Florida’s Drug Court system is specifically designed for individuals charged with drug-related offenses who also have substance abuse issues. Drug Court offers intensive supervision, regular drug testing, and participation in substance abuse treatment programs. Defendants in Drug Court must also appear regularly before a judge to report their progress. Successful completion of Drug Court can result in reduced charges, dismissed charges, or lighter sentences. However, failure to comply with the Drug Court’s terms can result in incarceration. - Pretrial Diversion Programs
For first-time offenders facing fentanyl possession charges, Florida may offer a pretrial diversion program as an alternative to going to trial. These programs typically require defendants to meet certain conditions, such as attending drug education or treatment programs, performing community service, and remaining arrest-free. If the defendant completes the program successfully, the charges may be dismissed. This option is often available to non-violent offenders and is designed to give first-time offenders a chance to avoid a criminal conviction. - House Arrest (Community Control)
Instead of serving time in jail, a defendant may be placed under community control, commonly known as house arrest. Under this alternative, the defendant is confined to their home and is required to wear an electronic monitoring device. They may be permitted to leave home for specific activities such as work, school, or medical appointments, but their movements are closely monitored. House arrest is a restrictive form of probation but allows the individual to avoid jail while serving their sentence in the community.
What Are Potential Defenses to Fentanyl Charges?
- Lack of Knowledge: The accused might argue that they were unaware they possessed or transported fentanyl. Since knowledge is a key element of the crime, proving that the accused did not know the substance was fentanyl could lead to a dismissal or reduction of charges.
- Unlawful Search and Seizure: The accused may claim that law enforcement conducted an illegal search or seizure, violating the Fourth Amendment. If the search was done without a warrant or probable cause, any evidence obtained could be excluded from the case, weakening the prosecution’s argument.
- Entrapment: This defense can be used if the accused was induced or persuaded by law enforcement to commit a crime they would not have otherwise committed. The accused must show that the intent to commit the crime originated from the police and not from their own predisposition.
- Misidentification of Substance: The defense may argue that the substance in question was not fentanyl or a fentanyl derivative. If the prosecution cannot prove the substance is fentanyl through proper testing, the charges may be dropped or reduced.
- Lack of Intent to Distribute: In cases where the accused is charged with intent to distribute, they may argue that the fentanyl was not intended for sale or distribution. Factors like lack of paraphernalia associated with selling drugs or absence of large amounts of cash could support this defense.
- Duress or Coercion: The accused may claim they were forced to possess or distribute fentanyl under threat of harm to themselves or others. For this defense to succeed, the accused must show that the threat was immediate and that they had no reasonable opportunity to escape the situation.
What Can a Fentanyl Charges Attorney Do For Me?
Facing charges related to fentanyl can be overwhelming, but a criminal defense lawyer can be your most important ally during this time. A lawyer helps you understand the charges against you, which can involve complex legal language and serious consequences, including long prison sentences.
Your lawyer will guide you through every step of the legal process, explaining what’s happening and what to expect next. They will work to protect your rights from the moment you’re arrested, making sure that the police follow the law when dealing with you.
Your lawyer can also negotiate with the prosecution. Sometimes, this could involve trying to reduce the charges or penalties you face. In some cases, they might work to get the charges dropped altogether if there’s a lack of evidence or if your rights were violated during the investigation.
Additionally, your lawyer will prepare your defense. They’ll gather evidence, interview witnesses, and examine the details of your case to find the best way to challenge the prosecution’s claims. They will also represent you in court, presenting your side of the story to the judge and jury.
If your case goes to trial, your attorney will work to create reasonable doubt in the minds of the jurors. Their goal is to secure the best possible outcome for you, whether that’s an acquittal, a reduced sentence, or an alternative resolution like drug treatment programs.
Frequently Asked Questions
Can someone be prosecuted for fentanyl distribution if the recipient does not overdose immediately? Yes, a person can be prosecuted for distributing fentanyl if it later leads to an overdose or serious bodily injury, even if the effects are not immediate. The law allows for such charges if the fentanyl distribution is proven to be a substantial factor in causing the overdose.
Does Florida law provide any protections for those who seek medical help during an overdose? Yes, under Florida Statutes Section 893.21, individuals who seek emergency medical help during an overdose, either for themselves or another person, are provided certain protections from prosecution for possession of controlled substances.
Are there any exceptions for medical professionals under Florida’s fentanyl laws? Medical professionals acting within the scope of their practice are generally exempt from prosecution under Florida’s controlled substance laws, as long as they comply with proper procedures for prescribing and administering those substances.
What are the implications of a prior conviction on fentanyl-related charges? A prior conviction for fentanyl-related offenses can lead to enhanced penalties for subsequent offenses. For example, if someone with a prior conviction unlawfully distributes fentanyl and it results in an overdose, the charge can escalate to a first-degree felony.
Additional Resources
FDLE Seizes Enough Fentanyl to Kill 18,500,000 People – The Florida State Assistance for Fentanyl Eradication (S.A.F.E.) program has significantly impacted drug trafficking in Florida. Over the course of a year, FDLE collaborated with local and federal agencies to arrest 19 individuals linked to a drug trafficking organization. The operation led to the seizure of 37 kilograms of fentanyl, enough to potentially kill 18.5 million people.
Governor DeSantis Announces $8.5M Increase in Funds to Fight Fentanyl – Governor Ron DeSantis announced an $8.5 million increase in funding for Florida’s fentanyl eradication efforts. The governor emphasized the importance of treating fentanyl traffickers as murderers, given the lethal nature of the drug.
Florida Statutes Section 893.13 (Fentanyl Offenses) – Florida Statutes Section 893.13 outlines the legal consequences for various drug-related offenses, including those involving fentanyl. The law prohibits the sale, manufacture, or delivery of controlled substances. Violations can result in felony charges.
Fentanyl Trafficking – Fentanyl trafficking has been on the rise, with a significant increase of 244.7% in cases since 2019. In fiscal year 2023, 16.3% of all drug trafficking cases involved fentanyl. Most offenders are men, with the majority being Hispanic and Black. The average age of those sentenced is 34 years, and most are U.S. citizens. The average sentence for fentanyl traffickers is 71 months, and the majority face mandatory prison time.
Hire a Lawyer for Fentanyl Crimes in Brevard County 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.
