Fentanyl Drug Crimes Lawyer

A Trafficking Conviction is a Minimum Mandatory Prison Sentence

»  If you’ve been charged with trafficking Fentanyl or other controlled substances, it’s imperative that you consult with an experienced drug crime lawyer immediately. A trafficking conviction requires a minimum mandatory prison sentence and should not be taken lightly. 

Defending Against Fentanyl Charges in Florida

Fentanyl is one of the most scrutinized substances in Florida’s fight against drug abuse. Given its potency and the rising number of overdose cases, Florida law enforcement is aggressively pursuing individuals involved with this opioid. If you’re facing fentanyl-related charges in Seminole County, or Orange County Florida, it’s imperative to have an experienced criminal defense lawyer on your side.

The Lawyers at the Law Offices of Matthews R. Bark, P.A. are top-rated criminal defense attorneys dedicated to protecting the rights of those accused of drug crimes. Attorney Matthews Bark was a former prosecutor for the state of Florida, and knows how to best represent and fight for you. Call 407-865-8888 for your free case evaluation.

Illustration of Fentanyl Prescription Bottles

Possession of Fentanyl Penalites in Florida

Possession of fentanyl occurs when an individual has physical control over the substance without a valid prescription. As described in Florida Statute 893.13(6)(a) Possession can be:

  • Actual Possession: The substance is on the person (e.g., in a pocket).
  • Constructive Possession: The substance is in a place over which the person has control, and they are aware of its presence.

    Penalties for Possession:
    A Third-Degree Felony
  • Less than 4 Grams: Possession of less than 4 grams of fentanyl is classified as a third-degree felony
  • Maximum Penalties:
    • Up to 5 years in prison.
    • Up to 5 years of probation.
    • Fine up to $5,000.

Fentanyl Trafficking Penalties & Sentencing in Florida

Trafficking charges apply when an individual knowingly sells, purchases, manufactures, delivers, or brings into Florida 4 grams or more of fentanyl or any mixture containing fentanyl. Florida imposes harsh penalties for trafficking fentanyl:

Mandatory Minimum Sentences:

  • 4 Grams to Less Than 14 Grams:

    • Mandatory Minimum Prison Sentence: 3 years.
    • Fine: $50,000.
  • 14 Grams to Less Than 28 Grams:

    • Mandatory Minimum Prison Sentence: 15 years.
    • Fine: $100,000.
  • 28 Grams or More:

    • Mandatory Minimum Prison Sentence: 25 years.
    • Fine: $500,000.

Understanding Weight Measurements

  1. Total Weight: The weight includes the entire mixture, not just the pure fentanyl.
  2. Threshold Importance: Even a small amount over 4 grams can result in trafficking charges due to fentanyl’s potency.

Key Considerations

No Probation or Early Release: Mandatory minimum sentences mean that the judge cannot impose a lighter sentence, and the individual is not eligible for probation or early release.

Aggregation of Amounts: Multiple smaller amounts found in separate packages can be combined to meet the trafficking threshold.

Related Offenses

  • Possession with Intent to Sell: Prosecutors may charge you if they believe you intended to distribute fentanyl, leading to enhanced penalties.
  • Manufacturing Fentanyl: Involvement in producing the drug can result in severe charges, including federal offenses.

Fentanyl Drug Crime Lawyers - Available 24/7

Drug crimes carry severe penalties and shouldn't be taken lightly. The lawyers at The Law Offices of Matthews R. Bark, P.A. have a proven record of producing results in a timely and cost-effective manner. Contact us online, or by telephone toll-free at (407) 865-8888 to receive the legal guidance that your case deserves.

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