Orlando Drug Distribution Lawyer
Defense for Accusations of Sale and Distribution of Drugs Across Orlando and Seminole County
Drug distribution is a serious crime that can result in significant jail or prison time. The law concerning this type of conduct is Florida Statute 893.13, which lists an offense as either a misdemeanor or felony. The level of charge depends on the kind of substance you allegedly had in your possession and where the sale and delivery of the drug took place. If you've been accused of this crime, speak with a skilled attorney right away to discuss your legal options and learn how you can fight your charges.
At Z Law Firm, L.L.C., our Orlando drug distribution lawyer is a former prosecutor who prosecuted hundreds of drug-related offenses on behalf of the State. This experience provides us with unique insight and an upper hand when developing effective strategies for individuals facing charges. When you turn to us for legal representation, we will thoroughly evaluate your case to determine what defenses can be raised for your unique situation.
We are passionate about helping those accused of crimes, and we are ready to provide the sound legal counsel you need. Schedule your free consultation by calling us at (407) 634-2171 today.
What Is Florida's Drug Distribution Law?
In Florida, it is illegal for a person to sell, deliver, or possess with the intent to sell or deliver a drug.
The types of drugs prohibited from distribution are those listed on the controlled substances Schedule:
- Schedule I: Drugs with a high potential for abuse and no accepted medical use.
- Schedule II: Substances with a high potential for abuse and highly restricted use in the medical field.
- Schedule III: Drugs that have a lower potential for abuse than Schedule I or II substances and have an accepted medical use.
- Schedule IV: Substances in which the potential for abuse is low relative to that of Schedule III drugs. They also have an accepted medical use.
- Schedule V: Substances with the lowest potential for abuse relative to the previously mentioned Schedules and with an accepted medical use.
Is Drug Distribution a Felony in Florida?
As mentioned before, in Florida, selling and delivering drugs can be charged as either a misdemeanor or felony.
The potential charges and punishments for drug distribution are as follows:
- Second-degree felony: Distributing certain Schedule I and II drugs. The potential conviction penalties include up to 15 years in prison and up to $10,000 in fines.
- Third-degree felony: Selling and delivering specific Schedule I and II drugs or any Schedule III or IV substance. If convicted, a person could spend up to 5 years in prison and be fined up to $5,000.
- First-degree misdemeanor: Distributing a Schedule V substance. The punishments for this offense include up to 1 year in jail and up to $1,000 in fines.
The level and degree of charges increase depending on where the sale to place.
For instance, distributing specific Schedule I and II drugs goes from a second-degree felony to a first-degree felony when it occurs within 1,000 feet of a:
- Government building or property,
- Place of worship,
- Public housing facility, or
- Assisted living facility
The conviction penalties include up to 30 years in prison and a fine of up to $10,000.
What Are Possible Defenses for Selling and Delivering Drugs in Florida?
When the State takes on a case, the prosecutor must prove beyond a reasonable doubt that you violated every element of the law. However, just because they have evidence against you, that does not mean it is enough for them to meet their burden. With a full review of your case and thorough preparation, an Orlando drug distribution attorney can mount a defense for your particular circumstances.
Some defenses that are often employed in sale and delivery of drug cases include:
- Challenging the reliability of a confidential informant
- Determining the legality of the search and seizure
- Showing constructive possession
- Demonstrating that the drugs were for personal use (possession) and not for sale
If you or a loved one is facing a drug distribution charge, discuss your case with an experienced lawyer. Our Orlando attorney has 18 years of criminal trial experience and is available to evaluate your case and answer your questions.
As a former prosecutor, Attorney Zmijewski understands both sides of the law and how to use that to your advantage. He ensures that the rights of those he represents are protected.