To combat the opioid crisis in Florida, drug offenders face increased penalties and mandatory minimums for trafficking in painkillers or prescription medications. If you’re facing charges of Fentanyl trafficking or possession, you need sound legal advice as soon as possible. Having a drug charge lawyer on your side dramatically improves your chances of getting the charges against you reduced or dismissed.
Trafficking Fentanyl in Florida
You could be convicted of trafficking Fentanyl if you knew you were purchasing, manufacturing, transporting, selling, or delivering four grams or more of the drug or products containing Fentanyl. You might be charged with the lesser crime of possession if you have less than four grams of the drug, but this still could result in jail time if you’re convicted.
Fentanyl is a Schedule II synthetic opioid drug, making trafficking a first-degree felony. Florida imposes harsh sentences and penalties after a conviction, as well as the immediate suspension of your driver’s license for six months and the suspension of any professional licenses you may hold.
Minimum and Maximum Sentencing for Trafficking Fentanyl
Trafficking carries a penalty of several years imprisonment depending on the amount of Fentanyl in your possession:
- Less than 4 grams of Fentanyl is punishable by up to five years in prison and fines up to $5,000. An amount of four or more grams increases the charge from possession to drug trafficking.
- More than 4 grams but less than 14 grams incurs a minimum of three years in prison and a fine of $50,000. The judge has the option to impose a penalty of up to 30 years in prison.
- More than 14 grams but less than 28 grams is a minimum of fifteen years in prison and a fine of $100,000. The maximum penalty is 30 years in prison.
- More than 28 grams results in a minimum of 25 years in prison and a fine of $500,000. The maximum penalty is 30 years in prison.
Fentanyl Trafficking May Lead to Homicide Charges
Due to the high number of fatalities from misuse, Fentanyl trafficking has been added to Florida’s murder statutes. A person who knowingly participates in the illegal Fentanyl trade could potentially be convicted of homicide if the drug kills another person. While this allows law enforcement to prosecute dealers, it can also result in users being charged with murder if the illegal Fentanyl in their possession causes someone’s death.
Potential Defenses to Fentanyl Crimes
As an experienced drug charge attorney, Robert David Malove is familiar with Fentanyl crimes and potential defenses. Many people arrested for Fentanyl possession are addicts who would benefit more from treatment for a chemical dependency than jail time. Depending on your situation, we may argue that:
- No drug paraphernalia was found at your home
- The evidence in your case is not strong enough to convict you
- Someone else could potentially have had control over the Fentanyl
- You had no intention to distribute or sell the Fentanyl in your possession
- You did not have any elements of drug distribution (such as large sums of cash or a firearm) at the time of your arrest
- The Fentanyl recovered by police was not stored or packaged in a way that would typically indicate an intent to sell
- The only reason you had Fentanyl on your person or in your home was to satisfy your ongoing addiction
- Your addiction to Fentanyl started with a lawful prescription for painkillers issued by your doctor
Speak to a Florida Drug Defense Attorney Now!
If you’ve been arrested for Fentanyl trafficking in Florida, you need board-certified criminal trial attorney Robert David Malove on your side. Contact us online or call us today at (954) 861-0384 to begin your free consultation. We have affordable payment plans available to give clients their best chance at justice.