Some drug charges are little more than an infraction with little to no jail time or probation. However, even in those cases, a Fort Pierce drug lawyer could explain that the conviction will remain on your record and could lead to more trouble later down the road if you ever face drug-related charges again in the future.

Regardless of the charges you face, taking the time to prepare a strong defense strategy is crucial. Contact our skilled criminal defense attorneys at JJK/LLC to schedule a free consultation and review your options.

Drug Offenses

The type of drug crime and severity of sentencing depend on the individual’s criminal background and the category of drug. The Drug Abuse Prevention and Control Act categorizes controlled substances into Schedules I, II, III, IV, and V, based on medical value and the potential for abuse. Sentences for the offenses range from misdemeanors to first-degree felonies, with a vast range of potential penalties.

Schedule I includes substances with the highest potential for abuse and no known accepted medical value. Examples include Heroin and LSD. Cannabis is wrongfully listed as a Schedule I substance, despite the fact that Marijuana is legal for medicinal purposes in Florida. Schedule II examples include cocaine, methamphetamine, morphine, and PCP. Schedule III drugs include Anabolic steroids, while Schedule IV drugs include Valium and Xanax.

Lastly, Schedule V drugs include prescription medicines, such as cough syrup with less than 200 milligrams of codeine, and have little potential for abuse. Recent changes, caused by the high number of overdoses in the state and nationwide, have increased the severity of drug convictions involving the drug fentanyl.

Types of Crimes

Examples of drug crimes include:

  • Simple possession occurs when an individual unlawfully holds a small amount of a controlled substance without a prescription
  • Drug paraphernalia offenses apply when an individual possesses items intended for the use of illicit drugs, such as bongs or syringes.  If one is charged with possessing Cannabis stored in a paper bag, the paper bag is considered “paraphernalia,” an independent crime punishable by up to one (1) year in jail and other sanctions.
  • Possession with intent to sell applies when an individual holds controlled substances along with packaging materials or scales
  • Sale, manufacture, or delivery involves actively selling, producing, or delivering illegal drugs. For example, if a friend experiencing a headache asks you for one of your prescription pills, and you provide them with a prescription headache pill, you have committed the 2nd degree felony of “delivering” a controlled substance, punishable by up to 15 years in prison. Drug trafficking involves dealing quantities exceeding statutory thresholds, such as 28 grams of cocaine, 4 grams of fentanyl, or 25 pounds of cannabis
  • Prescription drug offenses occur when an individual possesses prescription medication without a valid prescription from a licensed medical provider

Our Fort Pierce drug arrest attorney could answer specific questions about the charges and possible penalties after reviewing the specifics of your case.

What Are Enhancements?

Enhancements may also apply, which can increase the severity of charges and potential penalties you face. The state may use them for repeat offenders, locations such as school zones, and when the individual has a firearm at the time of arrest.

Possible Defense Strategies

When building a defense strategy against drug charges, several approaches may refute the state’s case, including challenging the evidence, disputing intent, or contesting the legality of the search and seizure. Each case differs and requires careful evaluation to develop a strategy suited to the specific charges. Demonstrating that law enforcement obtained evidence unlawfully or that you lacked knowledge of the substance’s illegal status could weaken the prosecution’s position.

Another potential defense is to assert entrapment, claiming that law enforcement pressured you to commit an offense. Disputing the chain of custody, identifying laboratory errors, or uncovering prosecutorial misconduct may also be appropriate for your case. After a drug arrest lawyer from our firm in Fort Pierce reviews the specifics and examines the state’s evidence, they could determine the strategy most suited to your circumstances.

Contact a Proficient Drug Attorney in Fort Pierce

Regardless of the type of drug and severity of charges, addressing them to avoid a conviction on your permanent criminal record is always in your best interest. Even a minor infraction could have consequences years later.

A knowledgeable Fort Pierce drug lawyer from JJK/LLC could investigate and gather evidence to help build a strong defense. Contact us today to schedule a free consultation and discuss your case, review the available legal options, and better understand the steps involved in your defense.