The state of Florida imposes strict penalties as well as minimum mandatory sentences for people who are convicted of trafficking in cocaine or other illegal drugs. Florida Statute 893.135 defines trafficking in cocaine as knowingly selling, purchasing, delivering, manufacturing, or possessing 28 grams or more of cocaine. Even if you did not intend to sell or otherwise distribute the drug, the mere possession of a large amount of cocaine is considered trafficking. If you or someone you know has been charged with trafficking in illegal drugs, contact a skilled Tampa drug attorney at Pallegar Law, P.A. today.
Possession of CocaineThe law defines trafficking in cocaine as possessing 28 grams or more of the drug. You can be charged with this crime even if you did not directly possess cocaine.
If the drug was in a place where it can be reasonably assumed you had access to, you can be charged with trafficking. This is called “constructive possession”—it occurs when multiple people are believed to have equal access to drugs. For example, if you are in the car with a few people and law enforcement officers find drugs in the glove box, it can be assumed that all those in the car had equal access and knowledge of those drugs.
On the other hand, “actual possession” is when drugs are found on your body, in your pockets, or in your hands, and there is no one who is believed to have equal access to those drugs.
Penalties for Trafficking in Cocaine and Mandatory MinimumsTrafficking in cocaine is a felony, punishable by at least 3 years in prison. As the amount or weight of cocaine increases, so do the minimum mandatory sentences and fines. The minimum amount of cocaine that is considered trafficking is 28 grams. If you are convicted of this crime, you may be sentenced to up to 30 years in prison.
The minimum mandatory sentence for trafficking in 28- 200 grams of cocaine is 3 years, with associated fines of $50,000. The minimum mandatory sentence for trafficking in 200-400 grams of cocaine is 7 years, with associated fines of $100,000. The minimum mandatory sentence for trafficking in 400 grams – 150 kilograms of cocaine is 15 years, with associated fines of $250,000.
Trafficking in more than 150 kilograms of cocaine is considered a first-degree felony, and is subject to life imprisonment without discretionary early release. If a person was killed during the commission of this crime, it is considered a capital felony. If you are convicted of trafficking in cocaine, you are subject to automatic driver’s license and/or professional license suspension.
If you or someone you know has been charged with a trafficking crime, contact an experienced Tampa drug attorney at Pallegar Law, P.A. We maybe able to help you avoid mandatory minimum sentences and high fines.
Call Pallegar Law, P.A. TodayIf you have been charged with trafficking in cocaine, seek out an aggressive Tampa drug attorney today to assist you in avoiding the severe penalties that accompany a trafficking conviction. Call 813-444-3912 today for a free consultation.