Sale or Delivery of Fentanyl in Florida
Sale or Delivery of Fentanyl is a Second Degree Felony in Florida.
Under Florida Statute 893.13(1)(a)(1), the crime of Sale or Delivery of Fentanyl is committed when a person sells, manufactures, or delivers any amount of fentanyl or possesses any amount of fentanyl with the intent to sell, manufacture, or deliver the fentanyl.
Penalties for Sale or Delivery of Fentanyl
The crime of Sale or Delivery of Fentanyl is a Second Degree Felony in Florida and punishable by up to 15 years in prison, 15 years of probation, and a $10,000 fine.
Sale or Delivery of Fentanyl is assigned a Level 5 offense severity ranking under Florida’s Criminal Punishment Code and a judge may sentence a person convicted of Sale or Delivery of Fentanyl to probation, but may also impose a sentence up to the statutory maximum of 15 years in prison.
Driver License Suspension
Pursuant to Florida Statute 322.055, any person convicted of Sale or Delivery of Fentanyl will have their driver’s license or driving privilege suspended for six months by the Florida DHSMV.
Professional License Suspension
Pursuant to Florida Statute 893.11, a person convicted of Sale or Delivery of Fentanyl will be subject to the emergency suspension of any Professional License issued by the State of Florida that authorizes the practicing of a profession or trade.
Defenses to Sale or Delivery of Fentanyl
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, common defenses to the crime of Sale or Delivery of Fentanyl are:
Constructive Possession
If the fentanyl was found in a place where more than one person had access, the prosecutor would have to comply with the law of constructive possession, which requires the prosecutor to prove the following two elements before you can be convicted of Sale or Delivery of Fentanyl: [1]
- Knowledge of the Fentanyl’s presence; and
- Dominion and control over the fentanyl, which means more than the mere ability to reach out and touch the fentanyl. [2]
Below are scenarios where it can be argued the prosecutor could not meet their burden of proving constructive Sale or Delivery of Fentanyl.
Scenario 1: You were stopped while driving a friend’s car and police found fentanyl in the glove box, they would be unable to convict you of Sale or Delivery of Fentanyl unless they had some proof that you knew the fentanyl was present.
Scenario 2: You were driving your car, had a friend with you, and your friend takes a large bag of fentanyl and places it at his feet. The police then stop you, see your friend’s bag, and arrest both of you. They should be unable to convict you of Sale or Delivery of Fentanyl because even though you knew the fentanyl was present, your friend is the only person who exercised dominion and control over the bag.
Illegal Search and Seizure
More often than not, law enforcement exceed the scope of their authority and require people to submit to a vehicle, home, or body search; or they may coerce a person into agreeing to a search. If we can prove that either instance occurred, the courts will suppress the resulting evidence as having been illegally obtained.
Other suppression possibilities that may present themselves are: if law enforcement obtained a search warrant in bad faith or if you were arrested without probable cause.
Lack of Knowledge
It is an affirmative defense to the crime of Sale or Delivery of Fentanyl if you can prove that you did not know the substance in your possession was fentanyl. Because knowledge is an affirmative defense, you would be required to testify to a lack of knowledge of the substance’s illegal nature. [3]
Personal Use
It is a defense to the crime of Sale or Delivery of Fentanyl that the fentanyl was possessed for personal use. [4]
In such cases, the State would have to present evidence that is inconsistent with personal possession; such as an abnormal quantity of drugs, scales, bundled money, ledgers, or distribution paraphernalia.
Contact Criminal Defense Lawyer Richard Hornsby
If you have been charged with the crime of Sale or Delivery of Fentanyl in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.