The fact that heroin and MDMA (also known as ecstasy or Molly) are widely available throughout Florida can give users a false impression of law enforcement’s attitude toward these drugs. State and federal authorities take heroin and ecstasy very seriously, and the law imposes harsh penalties for possession, sale and trafficking. If you’ve been arrested, you need knowledgeable and determined legal representation. At Largey Law, our drug crimes attorneys are former public defenders who have vast experience in drug prosecutions. We know how to spot weaknesses in the DA’s case, how to challenge police procedures, and how to negotiate reductions in charges and sentencing. We do everything legally possible to mitigate the consequences of your arrest.
State Penalties for Possession of Heroin and Ecstasy
Possession of even a small amount of heroin or ecstasy for personal use is a serious offense. The Florida Statutes provide severe penalties, including:
- Simple possession (less than 10 grams) of heroin or ecstasy — A felony of the third degree punishable by up to five years in state prison and a maximum fine of $5,000
- Simple possession within 1,000 feet of a school — A felony of the first degree, carrying a mandatory minimum of three years in prison
- Possession of more than 10 grams — A felony of the first degree, carrying a mandatory minimum of three years in prison, but punishable by up to 30 years in prison
Defendants can also lose a vehicle or real estate to civil forfeiture if law enforcement concludes it was used to facilitate the criminal activity. The law is so severe that even if you have trace amounts, such as residue in a pill bottle, you could be sentenced to prison for five years. Conviction also comes with the loss of driver’s license for two years, and even if you are granted parole, you will be unable to drive until that two-year period expires.
The state often allows fist offenders to enter the Pre-Trial Intervention program, which withholds adjudication. When that option is not available, we can sometimes negotiate probation or a community control sentence in lieu of jail.
How do Ecstasy and Heroin Charges Change when Trafficking?
Although the state can charge possession for up to 10 grams of heroin or ecstasy, it has the option to charge trafficking, a first-degree felony, starting at four grams of the substance. Penalties for trafficking in heroin are as follows:
- Four grams or more, but less than 14 grams — A mandatory minimum of three years in state prison and a $50,000 fine
- From 14 grams to less than 28 grams — A mandatory minimum of 15 years in state prison and a $100,000 fine
- From 28 grams to less than 30 kilograms — A mandatory minimum of 25 years in state prison and a $500,000 fine
- At least 30 kilograms — A life sentence without parole, and a capital felony if combined with homicide
- At least 60 kilograms knowing death to a person could result — A capital felony
Although these drug crimes carry severe penalties, defenses are available, depending on the facts of your case. As experienced ecstasy and heroin attorneys in Mount Dora, we understand how to challenge a prosecutor’s case, and work tirelessly to deliver the best possible results.
Protect your Future by Working with a Mount Dora Heroin and Ecstasy Attorney
For an aggressive defense to drug charges, meet with our team members. Your first consultation with an experienced Mount Dora heroin and ecstasy lawyer is free. Our many offices offer flexible scheduling, and our representatives can even meet with you in your home or in jail. Call today to get started. Se habla español.