Possession With Intent To Deliver, Sell Or Manufacture
In Florida, just like in other states, it is a crime for anyone to be in possession of a controlled substance. Drug possession in the state of Florida can be charged as a misdemeanor crime or felony crime. When a person is found to be in possession of a controlled substance, they risk facing some harsh consequences, especially if found guilty of a felony offense. The type of punishment you stand facing for possessing a controlled substance in Florida depends on various factors, including the kind and amount of drugs involved.
Depending on the type of evidence found, an individual charged with possession of a controlled substance can still face charges of possession with intent to deliver, sell or manufacture. An individual who possesses a controlled substance with intent to sell, deliver, or manufacture is guilty of either a;
- misdemeanor of the first-degree
- felony of the second-degree
- felony of the third-degree.
The level of crime you get charged with depends on the type of controlled substance involved.
Florida Statute 893.13
According to Florida Statute 893.13, it is a criminal offense for anyone to distribute/deliver, sell, or manufacture or possess with intent to distribute, sell or manufacture, a controlled substance. Any individual who violates this provision with respect to:
- Schedule I and some Schedule II substances commit a felony of the second degree. Such an offense carries a jail sentence of up to 15 years. People found guilty of such an offense also risk paying a monetary fine of up to $10,000.
- Schedule III, Schedule IV, and a few Schedule II substances commit a felony of the third degree. This criminal offense carries a jail sentence of up to 5 years. Additionally, individuals convicted of such a crime also risk paying a monetary fine of up to $5,000.
- Schedule V substances commit a misdemeanor of the first degree. This crime is punishable by a jail sentence of up to 1 year and a monetary fine of up to $1,000.
Penalties for possession with the intention to manufacture, sell or deliver are subject to enhancement under certain circumstances. For instance, penalties may be enhanced if;
- an offender is found in possession of a gun, or
- the crime occurred close to a school.
Proving Possession With Intent to Sell, Distribute or Manufacture
If you stand accused of possession with intent to sell, distribute or manufacture, it is important that you know the elements the prosecution needs to establish to avoid being wrongfully convicted. Generally, the prosecution needs to establish the following elements beyond a reasonable doubt:
- You knowingly possessed the substance in question.
- You had the intention to sell, distribute or manufacture the substance.
- The substance was a controlled substance as defined by law (Florida Statute 893.03).
When it comes to proving possession, the prosecution needs to prove actual or constructive possession. Actual possession is, for instance, when a substance is found in someone’s hands or pockets. On the other hand, constructive possession is when a person is aware of the presence of the illegal substance and has dominion over the controlled substance.
Allow Joyce A. Julian to Help
If you stand accused of possessing a controlled substance with intent to sell, deliver or manufacture, you need to speak to a skilled defense attorney. An attorney can defend you using the defenses available. A skilled attorney can help you contest the charge(s) against you or reduce potential consequences. For help with your case, call a skilled Fort Lauderdale criminal defense attorney at Joyce A. Julian, P.A., today at 954-467-6656.