If you have been charged with Possession of Drugs with Intent to Sell in Florida, the penalties you will face if convicted can be very harsh, and include prison time and hefty fines. This offense can be charged as a federal offense and/or a Florida state offense. Possession with Intent to Sell is also commonly associated with manufacturing, trafficking or importing drugs.
Penalties for Possession with Intent to Sell are much greater than penalties for a mere drug possession charge. Often, the difference between being charged with Possession with Intent to Sell instead of a charge for Possession of a Controlled Substance is very small. Some examples of factors that will increase your chances of being charged with a Possession with Intent to Sell offense are:
- Large quantities of the controlled substance
- Packaging or paraphernalia for the controlled substance, such as baggies or scales
- Admitting that you were selling the drugs to others
- Presence of cash or guns
Tallahassee Possession with Intent to Sell Defense Lawyer
If you have been charged with Possession with Intent to Sell in Leon County, it is important to hire an attorney who is knowledgeable and experienced with drug possession defense in Florida. Don Pumphrey, Jr. will attempt to find a defense or mitigating circumstances for the particular facts of your case. If you have been charged in Florida with Possession with Intent to Sell, contact Don Pumphrey, Jr. today for a consultation about your alleged offense in Tallahassee.
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Florida’s Definition of Possession
Possession in Florida is either actual or constructive possession. Possession can be a mitigating factor to reduce your charges, or have them completely dismissed if the state prosecutor is unable to show you had either actual or constructive possession.
Actual possession is having direct control over the controlled substance, or actually having the banned substances in your possession on your body.
Constructive possession is much harder to prove, and the elements include: the alleged offender was aware the controlled substance was in his possession, the alleged offender knew the controlled substances in his possession were illegal, and the controlled substances were within the alleged offender’s reach, or close enough for the offender to exert control over the substances.
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Federal Charges and Penalties for Possession with Intent to Sell
It is a federal offense to possess a controlled substance with the intent to distribute or dispense under the federal Controlled Substances Act. Penalties for this offense can include a variety of punishments, depending on the controlled substance. According to 21 U.S.C. § 841, potential punishments can include:
- 10 years to life in federal prison, if no prior convictions,
- 20 years to life in federal prison, if death or serious bodily injury results from the charge,
- Life imprisonment in federal prison without parole, if two or more prior convictions,
- Individual fines up to $8,000,000, and
- Fines, if not an individual, up to $20,000,000.
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Penalties for Possession with Intent to Sell in Florida
Florida Statutes § 893.13 defines the penalties for possessing controlled substances with intent to sell in Florida.
A conviction for Possession with Intent to Sell certain drugs defined in Schedule I or II is a felony of the second degree. Potential punishments include up to 15 years in Florida state prison and/or fines up to $10,000.
Possession with Intent to Sell any Schedule III or IV controlled substances and certain Schedule I or II substances is a felony of the third degree. This felony can lead to Florida prison time of five years or less and/or fines up to $5,000.
If someone is found guilty of Possession with Intent to Sell any controlled substance defined in Schedule V, they will be convicted of a misdemeanor of the first degree. This conviction can include jail time up to one year and/or fines up to $1,000.
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Factors to Reduce a Possession with Intent to Sell Charge in Florida
If the state prosecutor is unable to show you had large quantities of a banned substance, any type of packaging to indicate you were planning to sell the controlled substances to someone else, or you did not admit you were selling the drugs to other individuals, it will be more difficult for the prosecutor to charge you with Possession with Intent to Sell, as opposed to simple possession.
Other circumstantial evidence that will make it more difficult for the prosecutor to charge you with Possession with Intent to Sell instead of simple possession include guns or excessive cash in the presence of the drugs.
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Law Offices of Don Pumphrey, Jr. | Tallahassee Drug Possession With Intent to Sell Defense Attorney
If you have been charged with Possession with Intent to Sell in Leon County, Tallahassee, contact The Law Offices of Don Pumphrey, Jr. to discuss the facts of your particular case. An experienced Tallahassee drug lawyer can help you achieve the best possible outcome in your case. Lawyer Don Pumphrey, Jr. has represented those accused of Possession with Intent to Sell in Florida, and will aggressively fight your criminal charge. Contact Don Pumphrey, Jr. at (850) 681-7777 for a consultation about your alleged drug-related crime.