Possession with Intent to Distribute in Fort Lauderdale
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Under Florida and federal law, the possession of a controlled substance with the intent to distribute or sell is unlawful and a felony offense. A person convicted of such a charge can face heavy fines, lengthy sentences, and lifelong consequences such as the inability to secure employment, housing, and more. For this reason, individuals charged with such should seek experienced legal representation right away.
At Hager & Schwartz, P.A., our Fort Lauderdale drug crime attorneys are backed by ample experience both outside and inside the courtroom. We have the knowledge to defend your rights and future. When you choose to work with our team, you can rest easier knowing we will provide you with the following:
- A team that is available 24 hours a day, 7 days a week
- A legal team that is equipped with former prosecutors
- A team backed by more than 40 years of legal experience
Because these types of cases are time-sensitive,
it is urgent you contact our legal team right away.
Elements that Must be Established to Obtain Conviction
In many cases, defendants do not have an actual intention to sell the drugs he or she possesses. However, prosecutors will use the “intent to sell” in ordinary possession cases in order to worsen the defendant’s conviction.
Before a person can be convicted, a prosecutor must prove the following:
- The defendant had knowledge of the substance
- The substance is a controlled substance as defended in F.S. 893.03
- The defendant possessed the substance either actually or constructively
- The defendant intended to manufacture, sell, or deliver that substance
Penalties for Intent to Sell Drugs Conviction
According to F.S. 775.082, F.S. 775.083, and F.S. 775.084, the penalties for possession of a controlled substance with an intent to sell are separated by the classification of the drug:
- Schedule I and some Schedule II drugs: Second-degree felony, which is punishable by up to 15 years in prison, fines up to $10,000.00, or both.
- Schedule III, Schedule IV and some Schedule II drugs: Third-degree felony, which can carry up to five years in prison, a $5,000.00 fine, or both.
- Schedule V drugs: First-degree misdemeanor, which can carry up to a one-year sentence and a maximum $1,000.00 fine.
Consequences, fines, and sentences can be enhanced by various mitigating factors including whether a weapon was present or involved, whether the alleged incident took place close to a school, whether the defendant had prior criminal convictions, and more.
Our Legal Team Can Defend Your Rights
If you or someone you love has been accused of possession of controlled substances with an intent to distribute or sell, we urge you to get in touch with our legal team as soon as possible. Failure to retain an experienced lawyer can lead to a lifetime of consequences and other serious penalties. Do not wait to obtain the help you need. Let our Fort Lauderdale drug crime attorneys put our skills on your side.
Discuss your case today by calling our legal team!