Being arrested and charged with drug-related offenses can upend your life. People who are accused of these crimes can suffer reputational damage and lose opportunities, including their jobs. You may be worried about going to prison, showing up in court on scheduled court dates, or having to pay a huge fine.
While these are valid concerns, you can allow an experienced Key West drug lawyer from the Law Offices of Robert David Malove to handle your defense and fight aggressively to keep you out of jail. With a combined experience of over 60 years, our criminal defense attorneys know what it takes to help the accused secure a fair outcome.
The Basis of a Drug Crime Case
Florida’s drug-related laws are extremely severe. Law enforcement services are particularly tough on these crimes and often arrest anyone participating in the consumption, possession, trafficking, or sale of illicit drugs. Each drug offense is defined by law, and an experienced attorney from our Key West firm can explain the relevant provisions.
What Are the Differences Between Trafficking, Possession, and Sale?
The state’s drug trafficking guidelines, outlined in Florida Statutes § 893, indicate the quantity of drugs that can translate to a prosecutable offense. Trafficking is considered the worst drug offense and is typically charged as a first-degree felony. Intent to sell does not need to be demonstrated before an arrest if the quantity the accused is carrying meets or exceeds the specified weight limits. If law enforcement finds that amount of drugs on your person, it is often enough for a drug trafficking allegation.
Drug possession, although the least severe of all three offenses, still carries serious penalties. The schedule, class, and acceptable quantity are guided by Fla. Stat. § 893. Individuals who are caught with any of the controlled substances in the guidelines face possible third-degree felony charges—particularly if the drugs exceed a specified quantity.
Drug sale or possession with intent to sell is an equally harmful allegation that is often charged as a second-degree felony. In each scenario, the prosecution has to prove beyond a reasonable doubt that the defendant broke the law. If you are facing any of these drug-related charges in Key West, our legal team could help protect your rights.
What Are the Consequences of a Drug Offense?
Convictions for drug-related offenses in Florida can attract monetary fines and prison sentences. Our lawyers know that the quantity and weight of the controlled substance often influence the severity of punishment in Key West. For instance, a first offense involving possession of less than 20 grams of marijuana is charged as a first-degree misdemeanor and may attract monetary fines of up to $1,000 and a prison sentence of up to 12 months.
However, if the accused has more than 20 grams on them, that weight difference can lead to a third-degree felony charge that carries up to five years of jail time. Drug trafficking charges, however, attract minimum mandatory incarceration ranging from 3 to 25 years.
If the defendant was caught within 1,000 feet of a school zone, park, or community center where there are children, the charges can be enhanced, resulting in more severe penalties.
Contact Our Key West Lawyers About a Drug Charge Defense
Everyone has the right to defend themselves against criminal charges. If you have been charged with this type of offense, an experienced Key West drug lawyer from the Law Offices of Robert David Malove could give you a chance at making amends and moving forward with your life.
Our legal team is skilled at crafting effective defenses against drug-related accusations and working to secure fair outcomes for our clients. Call our team today to discuss your case.