Facing charges of drug possession with intent to sell in South Florida is incredibly scary because you risk the possibility of being labeled as criminal and facing other steep consequences that come with drug crimes in Fort Lauderdale. The drug attorneys at Rossen Law Firm are here to help calm your nerves and help you through during this time.
What is a Drug Possession with Intent to Sell?
The best and easiest way to define the charge of possession with intent to sell is understanding that it involves two factors:
- Possessing the drug
- Having the intent to distribute and sell it
Depending on the type of drug the charge of possession of a controlled substance with intent to sell, manufacture, or deliver can be classified as a second or third-degree felony.
Find the legal definition of possession on our drug crime page.
CONSEQUENCES OF DRUG POSSESSION WITH INTENT TO SELL
The crime of drug possession with intent to sell can be categorized as a second or third-degree felony in Fort Lauderdale, depending on the controlled substance found in your possession.
If you are in possession of cannabis with the intention to sell, manufacture, or deliver, the crime of possession of cannabis with the intention to sell is a third-degree felony. A third-degree felony carries consequences of up to 5 years in prison and fines of up to $5,000.
If you are in possession of cannabis with the intention to sell, manufacture, or deliver, the crime of possession of cannabis with the intention to sell is a second-degree felony. A second-degree felony carries consequences of up to 15 years in prison and fines of up to $10,000.
Under Florida law, a person is prohibited from being in actual or in constructive possession of a controlled substance unless the substance was lawfully and legally obtained from a practitioner who provided a valid prescription in good faith of their professional practice.
- Many people associate possession as the definition of actual possession when actually there are different types of having ownership over something.
- Actual possession is defined as having physical and direct contact or control of an object.
- Examples of actual possession include having a controlled substance in your hand or in your pocket.
- There are no mandatory minimum prison sentences for those charged with actual possession.
- Constructive possession is a lot more complicated because certain elements need to be proven prior to finding a defendant guilty of constructive possession.
- Constructive possession is defined as a defendant’s knowledge of the controlled substance and their ability to secure control over the item despite not being in close proximity.
- Examples of constructive possession include storing a controlled substance in the trunk of your car or packaged narcotics in your bedside drawer.
- There are no mandatory minimum prison sentences for those charged with constructive possession.
DRUG POSSESSION WITH INTENT TO SELL CRIMINAL DEFENSE ATTORNEY IN FORT LAUDERDALE
If you are being charged with drug possession, it is critical for you to act quickly and hire an experienced defense attorney. Our attorneys at Rossen Law Firm have an extensive criminal defense practice background and dedication that many lawyers lack.
We will not let a drug possession with intent to sell charge in South Florida label you as a criminal because we know that sometimes bad things happen to good people. Give us a call and we will listen to what you have to say and use all our resources to achieve the greatest results for you.
Drug Possession with Intent to Sell Defenses
- Illegal Search and Seizure: This defense can be used if law enforcement officers use their power incorrectly and illegally require individuals to submit to a vehicle, home, or body search. Rossen Law firm can prove that they illegally searched your property and once we file what is called a “motion to suppress” to the clerk, the courts will suppress the evidence as having been illegally collected.
- Lack of Knowledge: In order for an individual to be charged with the crime of possession with intent to sell, the State must prove that the accused had knowledge of the possession. Without that proof, the defense of lack of knowledge can be used and serve as a complete defense to the crime of possession with intent to sell. For example, if you had no knowledge the drugs were in your possession on your way home from school and were pulled over by the cops and searched. If you did not know about the presence of the drugs, this defense might defeat the charges.
- Personal Use: In order for an individual to be charged with the crime of possession with intent to sell, the State must prove that the accused had the intention to sell it. Without that proof, the defense of personal use can be used and serve as a defense to the crime of possession with intent to sell and have it lowered to a drug possession charge.
Free Drug Possession with Intent to Sell Criminal Defense Strategy Session
We are looking forward to sitting down with you and determining the best “game plan” for your case. We take our time to consider every factor of your charge and come up with the best defense to win your case.
We have always offered FREE strategy sessions because we want you to get a feel for how we work around here and answer any pressing questions you have regarding your case.
HOW WE WIN DRUG POSSESSION WITH INTENT TO SELL CASES
- Learn how we got a felony marijuana delivery charge lowered to a misdemeanor in Boca Raton, Florida.
- Learn how Rossen Law Firm got a marijuana delivery charge dismissed with NO arrest in Fort Lauderdale, Florida.