Felony Drug Charges in Florida: Penalties and Legal Help

When it comes to understanding felony drug charges in Florida, you should first understand that the state of Florida classifies drug-related offenses into varying degrees of severity. Drug charges may either be classified as misdemeanors or felonies.

Felony drug charges are considered the most serious criminal charge and can lead to significant criminal penalties such as lengthy prison sentences, heavy criminal fines, and lasting criminal records. Felony drug charges in Florida typically involve criminal acts such as possession, sale, trafficking, or manufacturing of controlled substances in quantities that exceed statutory thresholds.

Florida divides controlled substances into five schedules under Chapter 893 of the Florida Statutes. The schedule that a drug falls into is based on their potential for abuse and medical utility.

Schedule I drugs, such as heroin and LSD, are considered the most dangerous, and they have a high potential for abuse and no accepted medical use. On the other hand, Schedule V drugs are deemed less harmful and are often used for medical purposes under regulated conditions.

Once again, felony drug offenses in Florida are all defined in Chapter 893 of the Florida Statutes. Section 893.13 addresses prohibited acts such as the possession, sale, or delivery of controlled substances. Criminal penalties for violating that Section vary depending on the type and quantity of the drug involved, as well as the offender’s criminal intent.

Section 893.135 outlines drug trafficking offenses, which are considered the most severe drug-related crimes. Mandatory minimum criminal sentences are applied for violating this Section and are based on the quantity of drugs being trafficked.

What Are Some Examples of Felony Drug Charges?

As noted above, felony drug charges in Florida can encompass a wide range of criminal offenses. Examples of common felony drug charges in Florida include:

• Possession of Controlled Substances: Possessing drugs like heroin, cocaine, methamphetamine, or fentanyl without a valid prescription can result in felony charges, especially if the quantity exceeds certain thresholds
• Drug Trafficking: Drug trafficking involves the transportation, sale, or distribution of large quantities of controlled substances
  • For instance, trafficking in cocaine or heroin is considered a first-degree felony and carries mandatory minimum sentences
• Manufacturing of Drugs: Producing illegal substances, such as operating a meth lab or cultivating marijuana without proper authorization, can lead to felony charges
• Possession with Intent to Distribute: If someone is found with a significant amount of drugs, and also possesses items like scales or baggies, it may be presumed that they intended to sell or distribute the substances
• Sale of Controlled Substances: Selling drugs like LSD, MDMA, or prescription medications without authorization is also a felony offense and can result in felony drug charges
• Possession of Drug Paraphernalia: Although possession of paraphernalia alone is often a misdemeanor, possession can escalate to a felony drug charge if the possession is linked to trafficking or manufacturing

What Are the Consequences of Felony Drug Charges?

Felony drug charges and convictions in Florida come with serious repercussions that can greatly affect various aspects of a person’s life. As mentioned above, Chapter 893 of the Florida Statutes outlines the legal framework for felony drug charges and their consequences, which can include:

• Incarceration: Prison sentences for felony drug charges vary by the degree of the felony, but can be anywhere from 5 years for third-degree felonies to 30 years for first-degree felonies
  • In certain criminal cases, such as large-scale drug trafficking, life imprisonment may be a sentencing option
• Criminal Fines: Convictions for felony drug charges can result in hefty criminal fines, with amounts reaching up to $10,000 for first-degree felonies
• Mandatory Minimum Sentences: Certain felony drug offenses, such as drug trafficking, require judges to impose mandatory minimum prison terms
• Loss of Civil Liberties: Felony drug convictions can strip individuals of their rights, including their right to vote, serve on a jury, or own firearms
• Permanent Record: A felony drug conviction also becomes a lasting part of a person’s criminal record, which can create challenges for that person when they are seeking employment, housing, or educational opportunities
• Asset Forfeiture: Property or assets connected to the criminal offense may be seized by authorities
• Probation and Treatment Programs: Non-violent drug offenders may be placed on probation or required to participate in court-mandated drug treatment or rehabilitation programs

All of the above criminal penalties will depend on factors such as the type and amount of drugs involved, prior convictions, and circumstances of the criminal offense.

Felony Drug Charges for First-Time Offenders

First-time offenders facing felony drug charges in Florida will face criminal penalties, such as up to 5 years in prison and criminal fines of up to $5,000 for third-degree felonies. However, first-time offenders may have options such as drug diversion programs that focus on rehabilitation rather than incarceration. Programs for first-time offenders can lead to reduced charges or dismissals upon successful completion.

Felony Drug Charges for Repeat Offenders

Repeat offenders charged with felony drug crimes in Florida will face stricter consequences than a first-time offender. For instance, they will have enhanced sentencing under habitual offender laws.

Criminal penalties for repeat offenders may include longer prison terms, such as up to 10 years for a third-degree felony, and mandatory minimums under Florida’s “Three Strikes” law. Habitual felony offender (“HFO”) status can further limit a person’s parole options, while repeat offenders are less likely to access diversion programs or alternative sentences.

Further, repeat offenders may also encounter societal challenges like difficulty securing jobs or housing. If you have any questions regarding the criminal penalties associated with felony drug charges, it is recommended to set up a consultation with a Florida lawyer for legal advice on the matter.

Are There Any Immigration Consequences for a Felony Drug Charge?

In short, yes. Felony drug charges in Florida can have serious immigration consequences for a non-citizen. Immigration consequences for a felony drug charge include:

• Deportation: If a non-citizen is convicted for drug-related offenses, especially trafficking or possession with intent to distribute, such convictions can lead to their removal from the United States
• Inadmissibility: Non-citizens may also be barred from entering or reentering the United States due to a felony drug conviction
  • In fact, even minor offenses can result in inadmissibility under immigration law
• Loss of Immigration Benefits: Felony drug convictions can make individuals ineligible for lawful permanent residency, asylum, or citizenship
• Mandatory Detention: Certain drug offenses, such as felony drug offenses, may result in mandatory detention during immigration proceedings
• Aggravated Felony Classification: Drug trafficking convictions are often classified as aggravated felonies, which carry the harshest immigration penalties, often resulting in immediate deportation and further penalties

All of the above criminal consequences for non-citizens are governed by federal immigration laws, such as 8 U.S.C. Section 1227 and 8 U.S.C. Section 1182, as well as Florida’s Chapter 893 Statutes.

Do I Need a Lawyer for Help With Felony Drug Charges?

If you are facing felony drug charges in Florida, it is highly advisable to seek the assistance of a drug crime attorney in Florida as soon as possible. LegalMatch can assist you in arranging a consultation with an attorney in your area.

An experienced lawyer can guide you through Florida’s drug laws and provide you with competent representation throughout any criminal proceedings. They can also advise you on the possibility of alternative criminal sentencing programs that may be available for you or assist you in reaching a plea deal or having the charges being brought against you dropped.

Moreover, an attorney will also work to protect your legal rights and strive for the best possible outcome for your criminal case. This could involve seeking to have the charges against you dismissed, negotiating a plea agreement, or representing you in court if your felony drug case proceeds to trial.