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Sale or Delivery of a Controlled Substance

Fort Lauderdale Lawyer for Defense of Drug Crimes

It is illegal to possess or sell controlled dangerous substances in Florida. It is also illegal to deliver controlled substances. If you are charged with sale or delivery of a controlled dangerous substance, you can face incarceration as a potential penalty. Sentencing will depend on the type and amount of controlled dangerous substances involved in your case. A dedicated Fort Lauderdale drug crime attorney can provide a strong defense to those accused of offenses related to controlled substances.

Sale or Delivery of a Controlled Substance

Florida Statutes section 893.13 provides that it is illegal to deliver or possess with intent to deliver a controlled dangerous substance. There are five schedules of controlled dangerous substances. Schedule I drugs are those with no accepted medical use and a high chance of abuse. Cocaine and heroin are Schedule I drugs. Schedule II drugs have an accepted medical use but it’s considered necessary to place severe restrictions on them because there’s a high chance of abuse as well as the possibility of severe dependence. Morphine and opium are Schedule II drugs. Schedule III drugs have an accepted medical use, but have less chance of abuse than the drugs in I or II, and abusing these drugs can result in moderate or low physical dependence and high psychic dependence. Schedule IV drugs have an accepted medical use and the potential for abuse and dependency are limited compared to Schedule III drugs. Schedule V drugs are those considered to have the lowest potential for abuse.

Penalties

Felonies are divided into three classes. The most serious delivery charge is a first degree felony. If you deliver more than 10 grams of a Schedule I controlled dangerous substance, with some exceptions, you can be charged with a first degree felony. For this, you would face up to 30 years in prison and a $10,000 fine.

If you deliver or possess with intent to deliver Schedule I controlled dangerous substances other than hallucinogens, and certain Schedule II controlled dangerous substances, you can be charged with a second degree felony. The potential sentence is up to 15 years in prison and a $10,000 fine.

If you deliver hallucinogens or amphetamine or a Schedule III controlled dangerous substance, you can be charged with a third degree felony. This means you can face up to 5 years in prison and a $5,000 fine.

If you deliver a Schedule V controlled dangerous substance you can be charged with a first degree misdemeanor, for which you could face incarceration of up to 1 year and a fine of $1,000. A seasoned drug crime lawyer can help you develop a defense in accordance with the charges and potential penalties you are facing.

Location of Delivery

You will face harsher penalties if your case involves delivery of controlled dangerous substances within 1,000 feet of certain properties. These properties include places of worship, religious organizations, secondary schools between 6 a.m. and midnight, certain parks or facilities, post-secondary facilities, public housing facilities, and assisted living facilities. Delivery within 1,000 feet of these locations is a first degree felony. That means you can face a maximum of 30 years in prison and a $10,000 fine.

The sale, delivery, or possession with the intent to sell or deliver the following substances within 1,000 feet of the above-named properties is a felony of the first degree and punishable by a period of incarceration of up to 30 years, a fine of up to $10,000, or both.

Other circumstances can also heighten the penalties significantly. For example, if you use a minor in the sale of a controlled dangerous substance, such as many of the substances included in Schedules I or II, or if you sell to a minor, you can face first degree felony charges.

Hire an Experienced Drug Crime Attorney in Fort Lauderdale

If you have been charged with the sale or delivery of a controlled substance in Fort Lauderdale or somewhere else in Broward County, an experienced lawyer at The Hoffman Firm may be able to help you. Contact us at (954) 524-4474 or via our online form. We also represent people accused of crimes in areas including Plantation, Pembroke Pines, Davie, Sunrise, and Deerfield Beach.

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