If you’ve been arrested and charged with drug possession with intent to sell, it’s critical that you understand how these charges work under Florida law, the consequences you may face if convicted of the offense, and how to contest these charges. An experienced Florida drug possession defense lawyer can help you protect your rights, reputation, and future as you face prosecution.
Understanding Possession with Intent to Sell
Under Florida law, a person may not lawfully manufacture, deliver, or possess a controlled substance with the intent to sell it. Possession with intent to sell differs from simple drug possession, as simple possession involves possessing drugs with the intent to consume them. In contrast, a person who possesses with the intent to sell has drugs to sell or give to others.
Law enforcement and prosecutors distinguish simple possession from possession with intent to sell based on various factors, such as:
- The quantity of drugs: Prosecutors may charge someone with possession with intent to sell if they possess a significant quantity of drugs beyond that which a person could reasonably consume within a short timeframe.
- The packaging of the drugs: A person who possesses drugs packaged for transportation or in individual quantities may get charged with possession with intent to sell.
- The presence of other paraphernalia: A person who possesses drugs in proximity to other paraphernalia evidencing drug sales or distribution, such as scales, packaging materials, or large quantities of cash, may face a charge of possession with intent to sell.
Potential Penalties and Consequences for a Conviction
Possession with intent to sell carries harsh sentencing for people convicted of the offense in Florida. Potential sentences for a conviction will depend on the types of drugs possessed and other aggravating factors, such as possession of the drugs in proximity to a childcare facility, school, public park, or community center. Depending on these factors, a person may face a first-degree felony charge, second-degree felony charge, third-degree felony, or first-degree misdemeanor charge. Potential penalties for a conviction include:
- First-degree felony: Up to 30 years in prison
- Second-degree felony: Up to 15 years in prison
- Third-degree felony: Up to five years in prison
- First-degree misdemeanor: Up to one year in jail
A conviction for possession with intent to sell can result in possible prison terms and other long-term consequences, including a criminal record that can appear on background checks and make pursuing job, housing, or educational opportunities challenging.
Defenses Against Charges of Possession with Intent to Sell
A person charged with possession with intent to sell may have defenses they can raise to fight their case or reduce the grading of their charges. Potential defense strategies used in cases involving charges of possession with intent to sell include:
- Lack of possession: A defendant may argue that the state has failed to prove they actually or constructively possessed the drugs at issue.
- Lack of intent: Defendants may argue that the prosecution’s evidence fails to prove beyond a reasonable doubt that they intended to sell the drugs found in their possession; however, this defense may only reduce a charge from possession with intent to sell to a charge of simple possession.
- Lawful possession: A defendant may present evidence, such as documentation of a valid prescription, proving that they lawfully possessed the drugs.
- Unlawful search or interrogation: A defendant may seek to exclude evidence from the prosecution’s case by arguing that law enforcement conducted an unlawful search without a warrant or probable cause or conducted an interrogation without first advising the defendant of their rights.
Contact Our Firm Today to Discuss Your Charges
After being arrested in Florida for drug possession with intent to sell, get the legal representation you need to protect your rights, reputation, and future. Contact the Sombathy Law Firm today for a confidential consultation with a knowledgeable criminal defense attorney to discuss your legal options for pursuing a favorable outcome to your charges.
