At Adams & Luka, we know all too well how easy it is for prosecutors to turn a simple possession case into one with intent to sell. We also know the situation becomes far more serious if it can be proven that you intended to sell, distribute, or deliver an illegal drug such as marijuana, heroin, cocaine, or meth. As experienced Orlando drug crime lawyers, our goal is to have charges dismissed when possible, or provide a vigorous, effective defense in order to protect our clients from a conviction and the resulting criminal penalties.
Unfortunately, there is no magic number regarding how much of a substance has to be present in order for someone to be charged with possession with intent to sell. A police officer may find an individual in possession of marijuana or any controlled substance, however whether the amount present is sufficient for an intent to sell charge is a matter of his/her opinion. Generally speaking, judges usually draw the line regarding the amount of drug, and how much is necessary for an "intent to sell" charge. Along with the quantity of drug found in your possession, prosecutors may use additional evidence such as the presence of scales or baggies or other packaging materials to demonstrate that you intended to sell or distribute the drug.
Possession with intent to sell is a more serious offense than possession, however it is not as serious as drug trafficking. Still, the criminal penalties are harsh. A conviction could ruin your reputation and career, and steal your freedom. It is essential that you discuss your case with an experienced Orlando possession with intent to sell lawyer immediately.Defenses to Charges of Possession with Intent to Sell in Florida
The state must prove each element of a criminal offense beyond a reasonable doubt, which essentially means the prosecutor must demonstrate that it cannot be denied that the defendant committed the crime. Defense lawyers often build a defense on the grounds that the prosecutor did not provide undeniable proof, or by challenging the evidence introduced by prosecutors. In cases involving possession with intent to sell, it may be possible to negotiate a plea agreement with prosecutors in the event that an acquittal cannot be obtained, such as simple possession. This will reduce the damaging impact to the defendant's life.
Ultimately, prosecutors must prove that you intended to sell the drugs found in your possession. By evaluating the strengths and weaknesses of the case against you, we will devise a solid defense strategy in order to reach the best possible result.Criminal Penalties for Possession with Intent to Sell in Orlando & Central Florida
In cases involving possession with intent to sell, the criminal penalties an individual will face if found guilty depend largely on the amount and type of drug possessed, and where the alleged offense occurred. For instance, selling illicit substances within 1,000 feet of a park, school, community center, child care facility, or public housing could result in enhanced charges.
Controlled substances are divided into five schedules under Florida law; those under Schedule I are far more serious than those under Schedule V. Schedule I drugs include marijuana, ecstasy, salvia, and other narcotics that are highly addictive and have no medical purpose. Schedule V includes certain prescription drugs that do have a medical purpose and have a low potential for addiction or abuse.
Possession with intent to sell involving Schedule V substances may result in penalties which include a $5,000 fine and maximum of one year in jail.
Possession with intent to sell involving Schedule III or IV substances may result in penalties which include up to $5,000 in fines and a maximum of five (5) years in prison.
Possession with intent to sell involving Schedule I or II substances may result in penalties which include fines of up to $10,000 along with a maximum of fifteen (15) years in prison.
It is also important to note that when more than 10 grams of specific Schedule I drugs such as MDMA or heroin are involved, the charge may be upgraded to a first-degree felony. A conviction in this case may result in penalties including fines of up to $10,000 along with a maximum of thirty (30) years in prison.Contact Adams & Luka Immediately
At Adams & Luka, we understand the fear you feel, and the uncertainty of not knowing what your future holds. If you have been arrested for possession with intent to sell or are under investigation, it is urgent that you take action now. By contacting us today at (407) 872-0307 or (352) 787-2101 we can get started on your case immediately, working to determine the best legal options and to develop a sound defense. Put your case in capable hands, and avoid leaving your future to chance.