Drug Charges And Jail Time In Florida

The following article will cover:

• The most common types of serious drug charges handled in Florida.
• The classification of drug charges as misdemeanors or felonies in Florida.
• The factors that influence whether an individual will face jail time if convicted of a drug charge in Florida.

What Are The Most Common Types Of Serious Drug Charges Your Firm Handles In Florida?

Our firm regularly deals with severe drug-related charges in Florida. These commonly include drug possession, sale or delivery of drugs, drug manufacturing, and drug trafficking.

Drug possession is one of the most frequent charges we handle. In Florida, possession of any drug, other than a misdemeanor amount of cannabis (less than 20 grams), is automatically categorized as a felony. This rule applies even if you possess the smallest amount of substances like cocaine, heroin, or methamphetamine.

Another typical drug-related charge is the sale and delivery of drugs. Cases can range from minor transactions between acquaintances to professional drug dealers’ activities. Our firm does not discriminate and represents anyone facing any kind of drug-related legal issue.

The third category we often encounter is drug manufacturing. This may include the cultivation of cannabis or the production of THC edibles. Some cases also involve the manufacturing of methamphetamine or other chemically-based drugs. These cases are treated very seriously by the prosecutor’s office and necessitate a highly experienced attorney for a robust defense.

The highest level of drug crime we handle is drug trafficking. Unlike the common perception, under Florida law, you don’t need to be engaged in the illegal sale or movement of drugs to be charged with drug trafficking. The charge is determined by the weight of the drugs in possession. Depending on the weight, this charge carries a mandatory minimum sentence, regardless of the type of drug involved.

For instance, if you’re charged with trafficking a drug like cocaine, the severity of the mandatory minimum sentence can vary, but the maximum possible sentence remains the same, as both are first-degree felonies. Facing a drug trafficking charge is incredibly serious, and it means you’re facing mandatory jail time. If you’re accused of drug trafficking, it is critically important to immediately seek an experienced drug trafficking defense attorney.

What Determines Whether A Drug Charge In Florida Is A Misdemeanor Or A Felony? What Does That Mean For Possible Sentences?

In Florida, most drug-related offenses are classified as felonies, with very few categorized as misdemeanors. Misdemeanor charges typically encompass the possession of less than 20 grams of cannabis or the possession of drug paraphernalia. More obscure charges do exist, but they’re not frequently encountered.

Every other drug-related offense is classified as a felony, irrespective of the amount involved. Even the smallest quantities of substances such as Xanax, cocaine, or heroin can lead to felony charges.

Am I Going To Jail If Convicted Of A Drug Charge In Florida?

Jail time is not an absolute certainty. Several factors come into play. The severity of the crime, typically determined by the quantity of the drugs involved, is a significant consideration. Certain drug offenses, such as drug trafficking, require mandatory jail or prison sentences in Florida. The mandatory minimum sentences for drug trafficking depend on the amount of the substance in possession.

Aside from drug trafficking, jail time is not usually mandatory. Other factors influencing sentencing include your criminal history, the presence of any aggravating or mitigating circumstances in your case, and the stage at which the sentence is imposed.

Prosecutors often present their best offers early in the case to encourage acceptance of a plea deal. However, if a defendant chooses to litigate and loses after several motions and hearings, they may lose their negotiating leverage, potentially leading to a harsher sentence, including jail or prison time.

It’s important to note, jail or prison time is not a requirement unless the case involves a mandatory minimum sentence (like drug trafficking) or your criminal history mandates a jail sentence. For more information on Penalties For A DUI Conviction In Florida, an initial consultation is your next best step.