Miami Drug Possession Lawyer
Defending Clients Charged With Possession of a Controlled Substance in Miami-Dade County
Possession of a controlled substance is a serious offense under both state and federal law. Under Florida law, it is a felony to actually or constructively possess any amount of cocaine, heroin, methylenedioxymethcathinone (bath salts, flakka, gravel), MDMA (molly, ecstasy), LSD, scheduled prescription medications without a current prescription from a licensed medical doctor, and other controlled substances.
To be convicted under Florida state law, the state must prove beyond a reasonable doubt the following:
- The defendant knew of the presence of a substance
- The defendant exercised control or ownership over that substance.
- The substance was the specific controlled substance it was alleged to be.
Are you facing a drug possession charge in Florida? Call Law Offices of Paul D. Petruzzi P.A. today at (305) 330-3905 or contact us online to schedule a meeting with our drug possession attorney in Miami!
What are the Penalties for Possession of a Controlled Substance?
If convicted of illegally possessing a controlled substance, the possibility of imprisonment is very real. For example, one found to be in possession of a controlled substance commits a felony of the third degree. Conviction of this offense is punishable by a fine not to exceed $5,000 and/or a term of imprisonment not to exceed five years. However, Florida has specifically legislated that anyone found to be in possession of 10 or more grams of heroin, in addition to other itemized substances, to have committed a felony of the first degree. Conviction of this offense is punishable by a fine not to exceed $10,000 and/or a term of imprisonment not to exceed 30 years. Often the criminal possession of fewer than 20 grams of cannabis (marijuana) in Florida is a misdemeanor of the first degree. If convicted, one faces no more than one year of imprisonment and/or a fine of not more than $1000. Possession of cannabis over 20 grams would be a felony of the third degree. It should also be noted that Florida drug trafficking laws are stringent and apply to all of the aforementioned substances. Drug trafficking violations are subject to mandatory minimum sentencing. Also, remember that one may still be charged under the Drug trafficking laws even if they deem their possession of a certain substance and amount to be for personal use.
Florida's Habitual Felon Law
In addition, Florida has a habitual felon law where the court may increase the term of imprisonment upon a third felony conviction. For example, if a defendant were to have two prior felonies, one of which was committed in the last five years, and no pardons exist, the court may increase the term of imprisonment for the third felony conviction. A third-degree felony would increase from no more than five years imprisonment to no more than ten years of imprisonment. A second-degree felony may be increased from no more than 15 years imprisonment to no more than 30 years imprisonment. A first-degree felony may be increased from no more than 30 years imprisonment to life imprisonment. As such, one needs to have an attorney with the proper expertise in this area of law if they have been arrested and charged with possessing a controlled substance or with their third felony controlled substance violation.
Contact Our Miami Drug Possession Attorney Today
Drug possession charges can have significant consequences, including fines, imprisonment, and damage to one's reputation. Our Miami drug possession lawyer is dedicated to protecting the rights of those accused of drug possession and fighting for the best possible outcome for our clients. With extensive experience in defending drug possession cases, we understand the complexities of the legal system and can provide expert guidance to those facing these charges. Our firm aims to help clients navigate the legal process, build a strong defense, and achieve the best possible outcome for their case.
Contact the Law Offices of Paul D. Petruzzi P.A. today to schedule a FREE consultation with our drug possession lawyer in Miami!
"If you are in need of a criminal lawyer in the Miami area, he and his team should be the first people to consult."Petra G.
"Mr. Petruzzi helped a family member and couldn't give him a better recommendation for the hard work and dedication he put into his case."Sam L.
"Attentive, professional, compassionate and the best legal defense anyone could ask for."Lisette E.