A conviction for drug possession with intent to sell or distribute in Jacksonville can result in serious penalties and repercussions, including steep fines, prison time, a criminal record and/or a suspension or revocation of your driver’s license.
The punishments associated with selling drugs are typically much harsher than a simple drug possession offense. Law enforcement officers will usually look for factors or other evidence to increase the drug charges against an alleged offender. Examples of this type of evidence can include large quantities of the controlled substances or drugs, packaging materials, plastic baggies, scales, balances, large amounts of cash, and/or guns or other weapons.
If you have been charged with possession of drugs with the intent to sell or distribute, you do not necessarily have to face a conviction. The prosecution has the very difficult burden to prove you committed every element of the offense beyond a reasonable doubt. If there is any doubt in the judge’s or jury’s mind, the charges against you may be reduced or even dismissed. Therefore, it is essential to hire a Jacksonville drug attorney to develop your best possible defense strategy.
Jacksonville Possession With Intent to Sell Lawyer
If you have been charged with drug possession with intent to sell in Jacksonville, or any of the surrounding areas in Florida, including Jacksonville Beach, St. Augustine, Orange Park, or Fernandina Beach, contact Roelke Law, P.A. Bill Roelke is an experienced Florida drug defense lawyer who will make every effort to fight the allegations against you and help you achieve the most desirable outcome for your particular situation. Call Roelke Law today for a free consultation at (904) 354-0333 about your alleged drug possession with intent to sell or distribute offense.
Possession With Intent to Sell in Jacksonville
Drug possession with intent to sell can involve numerous types of substances, including stimulants, narcotics, hallucinogens, uppers, downers, morphine, heroin, opium, codeine, cocaine, hydrocodone, oxycodone, marijuana, methadone, controlled substances, methamphetamine, adderall, magic mushrooms and acid.
An individual can be charged with possession with intent to sell in Florida if they possess any controlled substance defined in the Florida Comprehensive Drug Abuse Prevention and Control Act and intend to sell, manufacture or deliver the substance, according to Fla. Stat. § 893.13.
Florida’s Comprehensive Drug Abuse Prevention and Control Act (Fla. Stat. § 893.03) classifies controlled substances into five different schedules, ranging from Schedule I, which contains substances that are most likely to be abused and have little or no medical purpose to Schedule V, which contains substances that are least likelihood to be abused and have commonly used medical purposes. Examples of substances in each schedule are as follows:
- Schedule I – Examples of substances in this schedule can include LSD (acid), GHB, heroin, marijuana, magic mushrooms, MDMA, ecstasy and methadone.
- Schedule II – Examples of substances in this schedule can include opium, methamphetamines (meth), amphetamines, morphine, cocaine, hydrocodone and codeine.
- Schedule III – An example of a substance in this schedule can include steroids.
- Schedule IV – Examples of substances in this schedule can include Xanax and Valium.
- Schedule V – Examples of substances in this schedule can include stimulants and narcotics that are not included in any other schedule, in addition to medications that contain small amounts of opiates, but primarily contain other active medical ingredients.
Possession in Florida
Before an individual can be conviction of a drug possession with intent to sell offense in Jacksonville, the state prosecutor must prove the alleged offender had actual or constructive possession of the substance beyond a reasonable doubt. If this essential element to the offense is not proven by the prosecution, the charges may be reduced to a lesser offense or even dismissed.
An individual can have actual possession of a substance if they have actual, physical control of the substance on their person or body. An example of actual possession is if the alleged offender has the substance in a pocket of clothing, purse or wallet they are wearing.
An individual can have constructive possession of a substance if they meet all three of the following elements:
- They were aware of the presence of the substance;
- They knew the substance was an illegal controlled substance; and
- They had the intent to take actual control of the substance and they were able to take actual control of the substance.
Constructive possession is usually harder for the prosecutor to prove.
Jacksonville Penalties for Possession With Intent to Sell
Fla. Stat. §§ 775.082, 775.083 and 775.084 defines the statutory punishments associated with possession with intent to sell. Although the following penalties are the suggested punishments for possession with intent to sell, they can increase depending on the type of the substance, the amount of the substance, whether the alleged offender possessed weapon during the commission of the offense, the location where the substance was intended to be sold, whether the offense involved a person under the age of 18, and/or whether the alleged offender has any prior criminal convictions.
- A conviction for possession with intent to sell or distribute Schedule I and some Schedule II substances is punishable as a felony of the second degree. This degree of offense can result in a prison term up to 15 years and/or a fine up to $10,000.
- A conviction for possession with intent to sell or distribute certain Schedule II and Schedule II and IV substances is punishable as a felony of the third degree. This degree of offense can result in a prison term up to five years and/or a fine up to $5,000.
- A conviction for possession with intent to sell or distribute Schedule V substances is punishable as a misdemeanor of the first degree. This degree of offense can result in a jail sentence up to one year and/or a fine up to $1,000.
Additionally, an individual that has been convicted of drug possession with intent to sell can face a driver’s license suspension, additional fines or restitution, community service and/or probation.
Roelke Law, P.A. | Jacksonville Drug Distribution Attorney
Contact Roelke Law today for a consultation about your alleged drug possession with intent to sell or distribute offense throughout Duval County in Florida. Bill Roelke is a knowledgeable drug defense lawyer in Jacksonville who will make every effort to help you achieve the most desirable outcome for your particular situation. Contact Roelke Law at (904) 354-0333 for a consultation about your alleged drug offense throughout Duval County and the surrounding counties in Florida, including St. John’s County, Nassau County and Clay County.