You never thought a night out with friends could take such a sharp turn. What started as a fun gathering at a house party ended with flashing police lights, officers raiding the scene, and an unexpected search. Suddenly, you’re in handcuffs, accused of aggravated possession of drugs.
Feeling overwhelmed is natural, but understanding your legal situation is critical. You need clear, actionable information—not just legal jargon. Our drug possession attorneys at Moses and Rooth, will provide an overview of what aggravated possession charges mean in Florida and how you can defend your future and rights.
Understanding Aggravated Possession of Drugs in Florida
In Florida, not all drug possession charges are treated equally. While simple possession typically involves small amounts of controlled substances for personal use, aggravated drug possession involves additional factors that elevate the charge and the consequences.
Florida Statutes § 893.13 outlines various prohibited or illegal acts related to drugs and narcotics and the related penalties for violating the law. The severity of the penalties depends on several factors.
The Type of Controlled Substance
Drugs are classified into five schedules based on their potential for misuse, abuse, and accepted medical applications. Different schedules carry different penalties. The law mentions specific controlled substances and their categories within these schedules. For instance, cocaine and heroin are in Schedule I, and opium, fentanyl, and codeine are in Schedule II.
The Amount of the Controlled Substance
Possession of larger quantities of certain substances, such as 10 grams of heroin, can lead to more severe charges, sometimes even escalating to drug trafficking under separate statutes.
The Specific Actions Involved
The statute distinguishes between possessing, possessing with intent to sell, selling, manufacturing, and delivering controlled substances. Each of these carries its own potential penalties.
Location of the Offense
Possession of drugs near specific locations, such as schools, parks, childcare facilities, places of worship, or public housing, can result in enhanced penalties, including mandatory minimum prison sentences. These locations are known as drug-free zones.
Other Aggravating Factors
Other factors can also turn a simple possession charge into an aggravated drug possession charge. The presence of a firearm during a drug offense, for example, can significantly increase the penalties.
Manufacturing methamphetamine or phencyclidine, especially where a minor is present or harmed, carries particularly severe consequences. Prior convictions also result in harsher penalties.
Unlike minor possession, aggravated possession is a serious felony that demands immediate legal attention.
Penalties for Aggravated Possession of Drugs in Florida
The penalties for enhanced drug possession can depend on the factors discussed above and the specific charge:
- Third-degree felony—up to 5 years in prison and a $5,000 fine;
- Second-degree felony—a maximum of 15 years in jail with a $10,000 fine; and
- First-degree felony—up to 30 years in prison with a minimum fine of $10,000.
Beyond these consequences, a conviction can lead to license suspension, job loss, housing restrictions, and difficulty obtaining financial aid or professional licenses. Additionally, the stigma of a drug possession charge can linger for years, affecting personal relationships.
Defenses Against Aggravated Drug Possession Charges
Remember, a charge does not equal a conviction. A strong defense can challenge aggravated drug possession allegations in various ways. We can mount defenses based on the following:
- Illegal search and seizure,
- Lack of knowledge or intent,
- Insufficient evidence,
- Entrapment,
- Police misconduct, and
- Substance misidentification
A skilled attorney will also explore mitigating factors, such as your lack of prior criminal record or substance abuse issues, to potentially reduce the charges or penalties.
The specific defense or strategy used depends on the particular circumstances of your case.
Why You Need an Experienced Florida Drug Defense Attorney
Facing aggravated possession of drugs is overwhelming, but the right legal team can make all the difference. At Moses & Rooth, we use our experience as former prosecutors to anticipate the States’s tactics and build an aggressive defense strategy.
We have decades of legal experience, and our team can effectively represent you. We challenge weak evidence, question police procedures, and explore every legal avenue to protect your rights.
Facing Drug Charges? Level the Playing Field with Moses & Rooth
When the stakes are high, you need a legal team that understands the system inside and out. With more than 36 years of combined trial experience, our criminal defense attorneys understand how to negotiate Florida’s drug rules and advocate for the best outcome possible for your case.
Your future is on the line, and waiting is not an option. Contact us today for a free consultation to discuss your case and explore your legal options with an experienced defense team ready to fight for you.
Resources:
- Drug-Free Zones. Florida Legislature’s Office Of Program Policy Analysis & Government Accountability (2018), link
- Florida Statutes Section 775.083, link
Andrew Moses
Andrew has been practicing criminal law his entire career. After graduating from law school he began working as an Assistant State Attorney prosecuting cases in Orange and Osceola Counties. During his time as an Assistant State Attorney, Andrew handled all types of cases ranging from misdemeanors to such serious felonies as drug trafficking and armed robbery. His experience as a prosecutor helped him gain perspective of the criminal justice system and how the government established its cases.
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