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Florida Possession with Intent to Sell and Possession with intent to distribute
One of the more serious felony drug offenses is sale of drugs or possession with intent to sell. The penalties are more severe than simple possession, and are treated more harshly by judges and prosecutors everywhere. If you have been accused of possessing with intent to sell or distribute you need Gainesville defense attorney Matt Landsman to help you immediately. One of the most common prosecutions is sale of cocaine which is a 2nd degree felony. Normally it involves an undercover operation with video recordings, cooperating informants, drug testing, and search warrants.
Elements and Penalties for Possession With Intent
To prove the crime of possession with intent to sell or distribute the state needs to prove you possessed some amount of illegal drugs, and you had the mens rea or the mental state of intending to sell the drugs. They need to prove these elements beyond a reasonable doubt. Crucial to cases like this are: did you talk to the police, is the encounter recorded, how were the drugs packaged or kept, what type and quantity of drugs were present, was anything coerced or induced by the police, was there any hint of entrapment. There are a multitude of issues and defenses which need to be examined if you have been arrested or charged with possession with intent to sell or distribute, and possession with intent to sell defense attorney Matt Landsman can help.
Possession with intent to sell or deliver can be classified as a third, second or first degree felony depending on the type and amount of the illicit substance in question. For example, possession of cannabis (a misdemeanor offense on its own) with intent to sell or deliver is a third degree felony punishable by up to five years prison. Possession of cocaine or heroin with intent to deliver or sell is a second degree felony punishable by up to fifteen years in prison. Possession of certain substances with intent to deliver or sell, when the amount of the substance exceeds 10 grams, is considered a first degree felony punishable by up to 30 years in prison.
Florida Possession with intent to sell may also be enhanced to a more serious offense with minimum mandatory penalties depending on certain circumstances. If the prosecution can prove that an accused possessed with intent to sell certain controlled substances within 1000 feet of a certain type of business or facility, enhancements and minimum mandatory sentences come into play. Other enhancements include being near a daycare or public park. These penalties are severe so get help right away.4
Retain a Skilled Gainesville and Florida Possession with Intent to Sell Lawyer Matt Landsman
Florida Possession with intent to sell is a complex criminal offense. There are multiple ways in which sentences for the crime can be enhanced and lots of ways to fight the charge. Expert advice can help you. Call Gainesville Drug Crimes defense attorney Matt Landsman now.
Have you been accused of a crime in Gainesville or North Florida? Call or contact us online to schedule a free consultation in Gainesville Florida.