There’s really no such thing as a simple charge when it comes to cocaine, so you can’t take your choice of defense counsel lightly. A felony conviction can totally derail your life. Fortunately, the skilled defense attorneys at Largey Law have substantial experience in drug prosecutions. We understand what the authorities must prove to obtain a conviction, and we know how to exploit the weaknesses in their case. We also negotiate strongly, often achieving reductions in charges and sentencing. At Largey Law, we use every legal means at our disposal to obtain a favorable outcome for our clients. A Mount Dora Cocaine and Crack lawyer is here to take over every aspect of your case.
Florida Cocaine Possession and Sale Penalties
Possession of any amount of cocaine or crack under 28 grams is a felony of the third degree, punishable by up to five years in state prison. A conviction also comes with a one-year driver’s license suspension. Selling less than 28 grams is a felony of the second degree, punishable by up to 15 years in state prison and a $10,000 fine. However, the maximums are subject to wide variance based on numerous factors, including the defendant’s age and previous criminal history.
Cocaine Trafficking Penalties Statewide
For cocaine charges, the magic number is 28. If you knowingly sell, purchase, manufacture, deliver or bring into the state 28 grams or more of cocaine, or any mixture such as crack that contains cocaine, that constitutes trafficking, a felony of the first degree. Penalties vary by weight:
- At least 28 grams, but less than 200 grams — A mandatory minimum sentence of three years in state prison and a $50,000 fine
- At least 200 grams, but less than 400 grams — A mandatory minimum sentence of seven years in state prison and a $100,000 fine
- At least 400 grams, but less than 150 kilograms — A mandatory minimum sentence of 15 years in state prison and a $250,000 fine
- At least 150 kilograms or more — Mandatory life imprisonment without parole
- At least 150 kilograms or more with an enhancement for homicide — A capital felony, punishable by death and the maximum available fine
- Importing 300 kilograms or more of cocaine into the state, knowing that the probable result is the death of any person — A capital felony, punishable by death and the maximum available fine
Available Defenses to Cocaine or Crack Possession
Prosecutors insist that if you are “caught with the goods” that’s the end of the story. However, depending on the facts of your case, there may be viable defenses, such as:
- Illegal search and seizure — If the police violated your Constitutional rights, your attorney may be able to get the drug evidence excluded. No drugs, no case against you.
- Lack of knowledge — Florida criminal law says you must “knowingly” possess the drugs. If drugs were placed in your possession without your knowledge, you have not committed the crime.
- Constructive possession — The law says that if drugs are found in a place where more than one person had access, a prosecutor must prove two things: that the defendant knew of the drug’s presence and had dominion or control over the drugs. You can rebut the charges by demonstrating that someone else controlled the drugs.
- Overdose — The law prioritizes saving a human life above making a drug arrest. A person who reports a life-threatening overdose is immune to prosecution for drugs the authorities find at the scene.
Although youth is not an affirmative defense, drug crime defendants aged 21 and under may be eligible for youthful offender sentencing, which would result in reduced penalties. When you retain our services, you get skilled attorneys in Mount Dora who are determined to deliver the best outcome possible for your cocaine and crack case.
Contact a Mount Dora Cocaine & Crack Lawyer About your Case
When you have to fight felony cocaine charges, contact the firm online to schedule a free consultation. We have offices in Tavares, Inverness and Clermont, and our lawyers can meet you in your home or at the jail, even in the evening and on weekends. Se habla español.
