Miami Drug Possession With Intent Lawyer

Knowledgeable Attorney Defending Against Charges of Possession With Intent to Sell, Distribute, or Manufacture in Miami, Florida

There are a variety of situations where people in Florida may be charged with drug crimes. While drug possession can be a serious offense on its own, the penalties become significantly harsher when a person is accused of possessing drugs with the intent to sell, deliver, or manufacture them. Prosecutors may not need direct evidence of a sale to bring these charges; possession of large quantities of drugs, packaging materials, cash, or drug paraphernalia can be used to suggest intent.

A conviction for possession with intent can lead to severe criminal penalties, including lengthy prison sentences and steep fines. The penalties may increase further if the offense occurs in certain protected areas, such as near a school or park. Given the serious nature of these charges, working with a criminal defense lawyer is critical. At The Hoffman Firm, our attorney can help build a strong defense against charges of possession with intent while protecting the rights of those who are charged with drug crimes.

Penalties for Possession With Intent to Sell, Deliver, or Manufacture in Florida

In Florida law, different types of drugs are grouped into categories similar to the schedules set by the federal government. The severity of possession with intent charges will depend on a drug's schedule. The specific penalties in certain cases may include:

• Most Schedule I and II Substances: These drugs have the highest potential for abuse and carry the most severe penalties. Examples include heroin, opium, morphine, fentanyl, methamphetamine, and cocaine. Possession with intent involving these substances is typically a second-degree felony, with penalties of up to 15 years in prison and fines of up to $10,000.
• Schedule III and IV Substances and Other Dangerous Drugs: These drugs have a lower potential for abuse, but they are still considered to be dangerous. Examples include LSD, PCP, anabolic steroids, ketamine, and MDMA. Marijuana/cannabis is included in this category. Possession with intent to sell these substances is usually a third-degree felony, with penalties that may include a sentence of up to five years in prison and a fine of up to $5,000.
• Schedule V Substances: These include substances containing codeine, as well as certain stimulants. In these cases, possession with intent may be charged as a first-degree misdemeanor, which could lead to a maximum jail sentence of one year and a maximum fine of $1,000.

Enhanced Penalties for Drug Crimes in Protected Areas

Florida law imposes harsher penalties for possession with intent if the offense occurs near certain protected locations. These increased penalties may apply if a person is accused of possession with intent to sell or deliver drugs within 1,000 feet of any of the following places:

• A public or private elementary, middle, or high school
• A child care facility
• A public park or community center
• A church, synagogue, or other religious building
• Public housing facilities
• A mental health facility

If the offense occurs in one of these locations, a second-degree felony charge related to Schedule I or Schedule II substances will be upgraded to a first-degree felony, and a third-degree felony charge related to Schedule III or Schedule IV substances will be upgraded to a second-degree felony. A first-degree felony carries a maximum penalty of 30 years in prison and fines of up to $10,000. If a first-degree felony offense was committed near a child care facility, a person will face a mandatory minimum prison sentence of three years.

Contact Our Miami, FL Possession With Intent Defense Attorney

Drug charges involving possession with intent carry severe penalties that can impact your freedom and your future. At The Hoffman Firm, our Miami drug crimes defense lawyer can analyze your case, determine whether the prosecution's evidence can be challenged, and work to reduce or dismiss the charges against you. In some cases, our attorney may be able to negotiate for alternative sentencing options to help a person avoid a conviction and a criminal record.

When dealing with possession with intent charges, legal representation is essential. Contact our firm today at 305-249-0090 to arrange a free consultation and discuss your defense options.