Drug Distribution and Delivery
Under Florida law, it is illegal to distribute and sell illegal drugs and controlled substances. Oftentimes, if you are found to possess a certain amount of drugs or controlled substances, you can also be charged with a drug distribution offense. Under Florida law, it is also illegal to engage in drug trafficking activities, where usually large amounts of controlled substances are distributed in the state. Drug distribution is similar to drug trafficking, but if an offense is charged as distribution rather than trafficking, it typically means that smaller amounts of controlled substances are involved. Regardless, the general gist of a drug distribution offense is that controlled substances were delivered to someone else in exchange for money, or something of value, or simply delivered to someone else even if there was no exchange of value. The prosecutor must also be able to prove that you knowingly engaged in drug distribution activities, or had the intent to sell or deliver drugs or controlled substances. Even an attempted sale or distribution, or a sale or exchange that was never completed, is considered a serious offense under Florida law. The severity of any drug distribution charge will usually depend on the type of drug or controlled substance involved, the amount, and the behavior of the offender. Depending on the facts and circumstances of your case, it is possible that your offense may be considered a felony where penalties can include lengthy jail sentences and hefty fines.
Penalties for Drug Distribution and Delivery in Florida
Again, the penalty associated with a drug distribution conviction usually depends on the type and amount of drug involved, and thus the degree of the offense can vary greatly. For example, if you are found guilty of selling less than twenty-five pounds of marijuana, you can be convicted of a third-degree felony where penalties can include up to five years in jail and a fine of up to $5,000. But if you simply deliver, rather than sell less than twenty grams of marijuana to someone else, the offense is usually only considered a first-degree misdemeanor where penalties include up to one year in jail, and a fine of up to $1,000. On the other hand, if you sell less than ten grams of heroin, you can be charged with a first-degree felony, where a conviction can result in up to thirty years in jail, and a fine of up to $10,000.
As you can see, the range of seriousness of the offense really does depend on the facts and circumstances of your case. It is also important to note that there are other aggravating factors that can increase the severity of the offense. Typically, these factors are related to where the sale or distribution of the drugs takes place. For example, if you sell drugs near a school, public park, community center, or child care facility, your offense can be elevated to a second or first-degree felony where the penalties can include up to thirty years in jail. In addition, who you sell drugs to can also affect the severity of your drug distribution charge. If you happen to sell or distribute illegal drugs to a minor, your offense can also be elevated to a second or first-degree felony, depending on the offense with which you are initially charged.
Contact an Experienced Florida Drug Distribution and Delivery Attorney Today!
If you have been arrested and charged with a drug distribution offense in Florida, it is imperative that you consult with an experienced Florida Drug Distribution and Delivery Attorney as soon as possible. Many times in drug cases, an alleged offender’s legal rights are violated during searches and seizures by law enforcement, so having a dedicated and knowledgeable attorney by your side is an important first step towards preserving and protecting your legal rights. Call Beryl Thompson-McClary, J.D., today at 888-640-2999 for your free initial consultation and let a dedicated and experienced attorney help you fight your drug distribution charge.