Possession with intent to sell a controlled substance is a serious charge that can lead to jail time and fines. These charges can affect your finances, work life, and personal relationships. If you’re facing a possession with intent to sell or distribute charge in Florida, contact the Hollywood drug crime attorneys at Fischer Redavid PLLC. Our lawyers will help you understand your rights and responsibilities in the steps that follow and will work for a reduction in sentencing whenever possible.
A charge of possession with intent to sell is similar to a drug possession charge but requires proof of a defendant’s intent to distribute or sell the drugs found on his or her person or property. A possession with intent to sell conviction requires proof of the following elements:
The prosecution may use several methods to determine intent to sell. For example, the presence of scales or other paraphernalia on your person or property may communicate intent to sell, as would possession of large amounts of cash. Prosecution may also establish intent to distribute or sell by showing that the amount of drugs discovered surpasses what would be normal for personal use.
Florida has some of the stiffest penalties in the nation for drug-related crimes. The nature of the penalty will depend on the gravity of the offense, nature of the drug involved, and previous criminal history. Defendants with a prior criminal history, for example, may face enhanced sentencing. Similarly, possession with intent to sell cocaine may carry second-degree felony charges, while possession with intent to sell marijuana may only carry third-degree felony charges.
Generally, possession with intent to sell carries felony charges. These include maximum terms of 5 to 15 years of imprisonment, depending on the substance involved, as well as fines.
In many cases, it’s possible to for an experienced criminal defense attorney to contest a possession with intent to sell charge, reducing it to a charge for simple possession. These crimes carry less serious penalties and some may only be misdemeanor offenses. Other remedies, such as drug court, may also exist.
In other cases, a defense attorney may be able to challenge the legality of a police investigation. Some evidence collection may violate the Fourth Amendment of the Constitution, which prohibits the use of unreasonable search and seizure. If evidence collected against you was unlawful, it may be inadmissible in court, leading to a dismissal or acquittal of all charges.
These are possible defenses for possession with intent to sell charges, but each case is different. If you’re facing drug charges in Florida, contact an experienced criminal defense attorney who can help you explore all your options and prepare for what’s next.
Possession with intent to sell can bring jail time, fines, or both. Unfortunately, Florida’s drug-related criminal penalties are some of the stiffest in the nation. An effective criminal defense attorney can help you achieve a sentence reduction or other forms of legal recourse whenever possible. Contact the lawyers at Fischer Redavid PLLC today and arrange a consultation with our firm. We’ll do everything in our power to minimize potential charges and mount an effective defense.