Possession with Intent to Sell
When it comes to drug crime in Florida, the amount of the drug found has more to do with the type of offense charged than the circumstances of the case or the intent with the substance. For example, simple drug possession can become drug trafficking through possession of enough of the illegal drug.
Possession with intent to sell, however, is the charge that falls between drug possession and drug trafficking, where the intent with the drugs does matter so long as the amount of the drug falls under the drug trafficking limits. A conviction for possession of illegal drugs with intent to sell in the Hernando County area comes with serious penalties, and an experienced Brooksville drug crime defense lawyer may be the difference in facing these penalties and achieving a more favorable outcome like reduction of charges.
Brooksville Possession with Intent to Sell Attorney
The difference between simple possession and possession with intent to sell can be as little as a few containers, but the difference in penalties is significant. If you have been arrested for possession with intent to sell in Hernando County, Sumter County, Citrus County, or Pasco County and are considering working with a skilled and knowledgeable criminal defense lawyer, it is best to contact him as soon as possible following your arrest. The Law Office of Ashley Aulls, P.A. can begin working on your defense immediately.
With a family history of successful legal professionals, Ashley Aulls knows what it takes to win a favorable outcome such as a case reduction or dismissal, or even a not guilty verdict, in Hernando County area drug cases. He treats his clients with dignity and respect, educating them on their offense and maintaining open lines of communication. To find out more about what The Law Office of Ashley Aulls, P.A. can do for you, call (352) 593-4115 today and schedule your initial case consultation.
Florida Definition of Drug Possession with Intent to Sell
The law that defines possession of drugs with intent to sell is Fla. Stat. § 893.13, which also governs the sale, manufacture, and delivery of drugs. This law makes it unlawful for anyone in Florida to sell, manufacture, deliver, or possess with the intent to sell, manufacture, or deliver any controlled substance on Florida’s drug schedules. This means that even if you are only found in possession of drugs, not in the actual act of selling them, you may be charged with the same offense if evidence of intent to sell is found.
The prosecution may seek a possession with intent to sell charge as an upgraded offense from possession, or if they fail to provide evidence of an actual sale. Evidence of intent to sell resulting in this charge can include large amounts of cash, the presence of a weapon, whether containers like baggies usually used to hold drugs are found, and how the drug is divided or packaged. Possession with intent to sell is only charged under these circumstances when there is not enough of the controlled substance to constitute trafficking.
All charges under Fla. Stat. § 893.13, including drug possession with intent to sell, carry serious penalties. The services of an experienced drug crime defense lawyer serving Hernando County and the surrounding areas are strongly recommended in area drug cases.
Florida Penalties for Hernando County Possession with Intent to Sell
In Florida, a possession with intent to sell is frequently a felony charge. This is because the severity of the penalties for intent to sell are based on which drug schedule the controlled substance found falls in, and the only drugs that constitute a misdemeanor charge for possession with intent to sell are in Schedule V. Schedule V substances are those that include limited quantities of opium, codeine, or ethyl morphine compounded, prepared, or mixed with one or more non-controlled medical substances. First-degree misdemeanor possession with intent to sell is punishable by up to a year in jail and/or a $1,000 fine.
Possession of a Schedule IV or Schedule III drug with intent to sell is a third-degree felony. Schedule IV drugs include certain muscle relaxers, cough suppressants, anticonvulsants, and stimulants, while Schedule III drugs include certain appetite suppressants, sedatives, steroids, hormones, and mixtures containing specific levels of codeine, hydrocodone, or morphine.
It is also a third-degree felony to possess with intent to sell certain Schedule I and Schedule II drugs, such as marijuana, LSD, barbiturates, amphetamines, methamphetamines, ketamine, alprazolam (known as Xanax), diazepam (known as Valium), and Lorazepam (known as Ativan). Third-degree felony possession with intent to sell is punishable by up to $5,000 in fines and/or up to five years in prison.
Possession of other Schedule II or Schedule I drugs with intent to sell is a second-degree felony. Second-degree felony possession with intent to sell is punishable by a maximum of 15 years in prison and a $10,000 fine, and includes the following substances:
- Flunitrazepam (Rohypnol, roofies)
- MDMA (ecstacy)
- Heroin
- GHB
- Opium
- Codeine
- Hydrocodone (Vicodin, Lortab)
- Oxycodone
- Methadone
- Morphine
- Cocaine
- PCP
Remember, a possession with intent to sell charge can be upgraded to a Hernando County drug trafficking offense if the amount you are allegedly found in possession of exceeds trafficking limits, which vary by drug. This is only four grams in opiates like hydrocodone and 28 grams in cocaine. Other aggravating circumstances include committing possession with intent to sell within a certain distance of specific facilities, such as a school or religious center.
No matter the circumstances or degree of your possession with intent to sell case in Hernando, Citrus, Sumter, or Pasco County, the services of a skilled and experienced Brooksville criminal defense lawyer could be the difference between facing maximum penalties and receiving a more favorable outcome like probation or reduced charges. When considering an attorney, it is best to contact him as soon as possible after your arrest.
The Law Office of Ashley Aulls, P.A. | Drug Possession with Intent to Sell Defense Lawyer in Hernando County
If you have been arrested and charged on drug possession with intent to sell in Brooksville, Spring Hill, Timber Pines, Brookridge, High Point, Hernando Beach, Inverness, Inverness Highlands, Beverly Hills, Hernando, Center Hill, Webster, the Villages, Dade City, Shady Hills, Hudson, or anywhere else in the Hernando, Citrus, Sumter, or Pasco County area, contact The Law Office of Ashley Aulls, P.A. to begin building your customized, comprehensive defense immediately. Ashley Aulls is an experienced drug crime defense attorney who knows what it takes to win a favorable outcome in your case. Call (352) 593-4115 today and schedule a confidential consultation.