Drug Possession with Intent to Sell
Crimes involving narcotics are considered some of the most serious crimes in our legal system. They also carry some of the stiffest penalties. When an individual is found to be in possession of a controlled substance, law enforcement may enhance the charge from possession to possession with intent to sell.
Possession of intent to sell is a felony drug offense which can put an individual behind bars for multiple years. If you have accused of possession with intent to sell, or have had your charges trumped up, it is vital that you hire a well-versed drug charge attorney who can help you fight these allegations.
West Palm Beach Possession with Intent to Sell Attorney
Andrew D. Stine serves clients who are facing possession with intent to sell charges in Palm Beach County, including the areas in and around West Palm Beach, Rivera Beach, Lantana, Wellington, Boca Raton, and Lake Worth. Attorney Stine has the knowledge necessary to present evidence in favorable way that could possibly lead to the dismissal of your case.
Contact Andrew D. Stine, P.A. at 561.880.4300 and set up a free consultation on your possession with intent to sell charges, and let Stine fight for you.
Defining Intent to Sell in Florida
As stated by Fla. Stat. § 893.13, it is illegal for an individual to possess a controlled substance with the intent to sell it. An individual “possesses” something if he or she exercises control over it, and to “sell” means to give someone an object in exchange for something that holds value.
Law enforcement can use several factors to show that an individual intended to sell the drugs in his or her possession. Some of these include:
- The presence of guns, knives, or other weapons
- Large amounts of cash in a close vicinity to where the drugs were
- Ziploc bags or other types of bags or storage containers that are common with the storing and selling of drugs
- Large amounts of the controlled substance that are not consistent with personal use
Having one or more of these factors present does not always mean that an individual intended to sell the drugs. It is important to consult with an experienced drug offense lawyer, who can review the facts surrounding your case and point out errors and inconsistencies in law enforcements procedures in gathering evidence.
Common Possession with Intent to Sell Charges in Florida
The Drug Abuse Prevention and Control in Florida classifies controlled substances in Schedules that range from one to five. Drugs in the first Schedule are considered the most serious drugs because they tend to be the most harmful and addictive. The drugs in the fifth schedule are considered less harmful and addictive than the drugs in the higher ranking schedules. If an individual is charged with possession with content to sell, in association with a drug in Schedule I, he or she is more likely to receive a harsher punishment than if he or she possessed a drug in one of the lower ranking schedules.
According to Fla. Stat. § 893.03, some of the commonly used drugs from each schedule are as follows:
- Schedule I – Ecstasy, Marijuana, LSD, Mushrooms, Mescaline, Heroin
- Schedule II – Amphetamines, Hydrocodone, Opium, Cocaine, Morphine
- Schedule III – Steroids, Human Growth Hormones Schedule IV – Valium and Xanex
- Schedule V – Stimulants not listed in any other schedule, or medications that contain only a small amount of opiates
Penalties for Possession with Intent to Sell in Florida
Possession with intent to sell is usually charged as a second or third degree felony. The main factors that determine the degree of each charge include how much of the substance was found, as well as which Schedule the substance is categorized in.
According to Fla. Stat. § 775.082 and 775.083, being convicted of possession with intent to sell can carry the following punishments:
- Second-degree felony – up to 15 years in prison, and/or up to a $10,000 fine
- Third-degree felony – up to five years in prison, and/or up to $5,000 in fines.
Penalties can be increased if there was a dangerous weapon involved during the commission of the crime, and whether or not the individual is a multiple offender.
Andrew D. Stine, P.A. | Palm Beach County Possession with Intent to Sell Lawyer
If you have been charged with possession with intent to sell in Boca Raton, Delray Beach, Greenacres, Boynton Beach, Jupiter, Palm Beach Gardens, Lake Worth, or the surrounding areas contact Andrew D. Stine, P.A.. Attorney Stine is a qualified defense attorney who has the ability to present evidence in a way that could potentially have your case dismissed, or have felony possession with intent to sell charges reduced to misdemeanor possession charges.
Contact Andrew D. Stine, P.A. at 561.880.4300 to set up your free consultation, so that a dedicated Palm Beach County criminal defense attorney can fight for you.