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Orlando CRIMINAL DEFENSE ATTORNEYS
drug offenses
Drug Sale and Possession - Overview
Drug Possession
Drug Possession -
Options
Drug Purchase
Drug Sale and Delivery
Drug Sale
and Delivery in or within 1,000 feet of certain property
Drug Trafficking
Drug Sale and Possession - Laws
Drug Sale and Delivery in, on, or within 1,000 feet of certain property
If you are arrested in Orlando or Kissimmee and charged with Selling or Delivering certain drugs the penalties are enhanced if you are accused of doing so in, on, or within 1,000 feet of certain property. Additionally, depending on the type of drug Sold or Delivered you may face a three-year minimum mandatory prison sentence. Due to the serious nature of this type of criminal offense it is recommended that you consult with an experienced Orlando criminal defense attorney to assist you in this matter.
Penalties
Florida Statute 893.13(3)(c), (d), (e), (f) and (g) states that it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of certain real property such as a child care facility, public or private elementary, middle, or secondary school; a state, county or municipal park or community center or publicly owned recreational facility; a public or private college, university, or other post-secondary educational facility; a physical place for worship at which a church or religious organization regularly conducts religious services; a convenience business; a public housing facility; and an assisted living facility.
Generally, the offense of Sale or Delivery of a controlled substance is either a second degree felony, third degree felony or a first degree misdemeanor. However, if you are accused of selling or delivering in, on, or within 1,000 feet of any of the above-references property the offense may then become a first degree felony and under certain circumstances can carry a minimum mandatory prison sentence of three years. Below is a listing of penalties associated with crimes related to the sale, manufacture or delivery of commonly known controlled substances in, on or within 1,000 feet of certain property.
First Degree Felony
If you are charged with the sale, manufacture, delivery or possession with the intent to sell, manufacture or deliver of any of the below mentioned drugs it is a first degree felony with a maximum possible penalty of up to 30 years in state prison or up to 30 years state supervised probation and/or up to a $10,000 fine.
| 1. Cocaine | 6. GBL |
| 2. Heroin | 7. Oxycodone |
| 3. Methamphetamine (Meth, Crystal Meth) | 8. Hydrocodone |
| 4. MDMA (ecstasy) | 9. Opium |
| 5.GHB | 10. Codeine |
*If any of the above are sold, manufactured or delivered in, on, or within 1,000 feet of a public or private elementary, middle, or secondary school between the hours of 6 AM and 12 Midnight; or at any time in, on, or within a state, county, or municipal park, community center or publicly owned recreational facility the law requires a three-year minimum mandatory prison sentence.
Second Degree Felony
If you are charged with the sale, manufacture, delivery or possession with the intent to sell, manufacture or deliver of any of the below mentioned drugs it is a second degree felony with a maximum possible penalty of up to 15 years in state prison or 15 years of state supervised probation and/or up to a $10,000 fine.
| 1. Amobarbital | 5. Pentobarbital |
| 2. Amphetamine | 6. Phenmetrazine |
| 3. Glutethimide | 7. Phenylacetone |
| 4. Methylphenidate | 8. Secobarbital |
**Disclaimer: The information on this page should be used as a reference only and is not intended to be legal advice. Florida criminal law is continually changing therefore some of the provisions contained here may be out of date. It is always best to consult with an Orlando Criminal Defense Attorney about your legal rights and responsibilities regarding your particular case.**
A complete listing of all Florida Statutes can be found at http://www.leg.state.fl.us/Statutes
Consult With an Experienced Orlando Criminal Defense Attorney
If you are convicted of a Drug Crime in Florida you
subject yourself to the following: a permanent criminal
record, loss of professional or occupational license,
suspension of driver’s license, community service, possible
jail or prison time, fines and possible job loss.
The facts of every Drug Sale or Drug Possession case is
different and often complex that is why it is important that
you obtain representation from an Orlando
criminal defense attorney experienced in
defending, not prosecuting these types of
crimes.
If you have been arrested and charged with Drug Sale or
Possession or any other criminal offense contact
Orlando criminal defense attorney Will Corzo or Sam
Kohrs.
Available 24-hours a day, 7 days a week
An arrest can happen at any time and sometimes when you least expect it. Should the situation arise, contact Orlando Criminal Lawyer Will Corzo or Sam Kohrs to assist you and answer any questions you may have.