Am I Facing A Misdemeanor Or A Felony Drug Charge?
If you are arrested and charged with a drug offense in Florida, one of the first questions you may ask is about the nature of the charges against you. Misdemeanor convictions are seen as less severe, carrying significant but not harsh penalties, while felony convictions can result in serious, long-term consequences. There are four major factors that a state’s attorney will consider in determining how to handle a drug case.
How much of the drug (or mixture) is involved. As one might imagine, the greater the amount of a controlled substance involved, the more seriously the case will be taken by authorities. It is important to keep in mind that under Florida law, being in possession of a certain amount of a drug can trigger a drug trafficking charge, even if you had no intent whatsoever to traffick. The implication is that possessing such a large quantity of a drug is unlikely to be for mere personal use.
The schedule of the drug in question. Florida mirrors U.S. federal law in classifying controlled substances into five ‘schedules,’ with Schedule I signifying the highest potential for abuse and Schedule V the least. Possessing any Schedule I drug, even in small amounts, is more likely to result in serious charges due to the dangerous nature of the substance. For example, possessing fentanyl will almost certainly result in felony charges, while possessing cannabis is more likely to be charged as a misdemeanor if the amount in question is not large.
The intended use of the drug. The majority of people charged with drug offenses simply want to procure these substances for their own use. However, if someone has intent to sell, distribute, or manufacture drugs, this will result in much more serious charges than simply possessing the substance at issue. Offenses like selling or manufacturing drugs are seen as crimes against society, rather than personal drug use, and are punished more harshly if someone is convicted.
Any aggravating factors. In some cases, so-called ‘aggravating factors’ will be present, which can make a drug charge more serious due to a perceived additional threat to society. One of the most common examples of this is the presence of a firearm, or if the offense was allegedly committed within 1,000 feet of a certain location, such as a school, public park, or church. If this applies in your case, your charges will likely be bumped up one level – for example, from a third-degree felony to a second-degree felony.
Contact A West Palm Beach Drug Offenses Attorney
Being arrested for drug possession can be a confusing moment, coupled with fear if you have never been in trouble with the law before. A West Palm Beach drug crimes attorney from Perlet & Shiner, P.A. can help answer any questions you may have about the legal process, and will work hard to protect your rights. Contact our office today at (561) 721-0552 to speak to an attorney.
Source:
flsenate.gov/Laws/Statutes/2018/893.13
