Drug Crimes Attorney in Daytona Beach, Florida

Penalties for drug crimes are harsh in Florida, which has one of the toughest laws that prohibit the sale, possession, trafficking, and manufacture of illegal drugs. A drug crime conviction may result in years behind bars, hefty fines, and other life-altering consequences.

At DaytonaDefense.com, we have successfully defended the rights of people facing drug crime accusations in Daytona Beach, Florida, and throughout the Sunshine State. Our criminal defense attorney has decades of experience achieving outstanding results for clients in drug crime cases. We are proud to provide aggressive and skilled representation for the accused in DeLand, New Smyrna Beach, Port Orange, and across Volusia and Flagler counties.

Drug Charges in Florida

A drug charge in Florida can be classified as either a misdemeanor or felony, depending on the type of the offense, the type and amount of the substance, and certain other factors. Common types of drug crimes include:

• Drug manufacturing

• Drug possession

• Drug trafficking

• Possession of drugs with the intention to sell or distribute the substance

• Illegally obtaining or prescribing a controlled substance

Penalties for a drug charge may be enhanced when the offense was committed near a school or the offense involved an underage individual (e.g., the defendant sold a drug to a minor).

Drug Schedules in Florida

Each drug falls under a specific category—also known as a “drug schedule” in Florida—depending on the substance’s dependency potential and medical use. Florida law recognizes five schedules of drugs:

• Schedule V drugs include Lyrica, Centussin DHC, Tylenol containing Codeine, and others. These drugs have the lowest potential for abuse and have widely accepted medical uses.

• Schedule IV drugs include Valium, Xanax, Klonopin, and other substances that have a relatively low abuse potential and some medical use.

• Schedule III drugs include Clonazepam, Testosterone, Clonazepam, and others. These substances have limited medical use and moderate dependency potential.

• Schedule II drugs include Codeine, Cocaine, Morphine, Opium, Oxycodone, and certain other substances that have a high potential for abuse and severely restricted medical use.

• Schedule I drugs include Ecstasy (MDMA), Heroin, Marijuana, Lysergic Acid Diethylamide (LSD), and other drugs. These substances have the highest potential for abuse.

The higher the potential for abuse, the more severe the penalties associated with the offense. Thus, drugs that are considered more dangerous can lead to lengthy imprisonment and hefty fines.

Possible Penalties

Penalties associated with drug crimes go beyond prison time and fines. The consequences of a drug conviction can last for the rest of your life. In addition to facing imprisonment and fines, individuals convicted of drug crimes can lose their right to vote and own a gun, among other rights.

Depending on the type of the drug crime and the circumstances surrounding the offense, possible defense strategies include:

• The drugs were not yours

• You were a victim of entrapment

• Your constitutional rights were violated during the arrest (e.g., illegal search and seizure)

• You did not know that the drugs were in your possession

People with a drug conviction on their record will also have difficulties getting a job and finding good housing, not to mention the damage to their reputation. However, just because you are facing drug charges does not mean that you do not have legal options. If you have been charged with or are being investigated for a drug crime, reach out to a knowledgeable attorney who will fight for your rights and seek the best possible outcome in your case.

When Do Drug Crimes Become
Federal Crimes in Florida?

Federal crimes deal with the movement of illegal substances across state lines. Whether or not a drug crime will be charged and prosecuted under federal law depends on the type and quantity of the substance, the location of the offense, and certain other factors.

While drug possession and drug manufacturing are usually charged under state law, drug trafficking can become a federal crime. However, when an individual with a large quantity of illegal drugs in their possession moves across state lines, they may end up facing federal drug charges.

A drug crime may also become a federal crime when the defendant gets caught selling drugs on government property or using the U.S. Post Office to sell or transport illegal substances. Also, while medical marijuana is legal in the state of Florida, it is still prohibited under federal law.

Keep in mind that federal laws may require mandatory minimum imprisonment for serious drug crimes. That is why many people convicted of a drug crime in federal court usually spend years behind bars.