Since Florida earned its reputation for the availability and use of both illicit and prescription drugs, at one time known as the Oxy Express, it has also earned another reputation: a staunch, punitive approach to drug crime. With many of the drug crimes in Florida based on amounts, a case of simple possession can turn into something like drug trafficking with a relatively small amount, leading to even heavier penalties.
With several police officers and judges on a crusade to end drug crime in Florida, it is important to have an experienced Hernando, Citrus, or Sumter County criminal defense attorney at your side to defend your Brooksville area drug charges. When considering an attorney as a part of your defense strategy, it is best to contact him as soon as possible after your arrest.
Brooksville Drug Charge Defense Lawyer
Facing drug charges in Florida can be an intimidating experience when you consider the severe penalties you are likely up against. If you have been arrested on drug charges in Hernando County, Citrus County, Sumter County, and Pasco County area, including 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, and Hudson, experienced defense lawyer Ashley Aulls will fight to protect your rights and your future from such staunch penalties, taking your case to trial if necessary.
The Law Office of Ashley Aulls, P.A. was founded on the idea that the client is just as important as winning the case, and Ashley Aulls ensures each of his clients is educated on his or her case every step of the way, while providing lines of open communication for questions or concerns. Ashley Aulls grew up in a family of successful legal professionals and has practiced law since 1996, – he knows what it takes to win a case and how to treat a client with respect and compassion.
To find out what The Law Office of Ashley Aulls, P.A. can do for you and your Hernando County area drug crime case, call (352) 593-4115 today and schedule your initial case consultation with experienced attorney Ashley Aulls.
Florida Criminal Process Information Center
- Florida Drug Crimes Common to the Brooksville Area
- Penalties for Hernando County Drug Crimes
- Florida Drug Crime Resources
Florida Drug Crimes Common to the Brooksville Area
Many of Florida’s drug crimes are related to prescription drugs and substances like cocaine and methamphetamines. In Hernando County, Citrus County, and Sumter County, these trends translate into drug offenses that most commonly are specifically related to meth, cocaine, oxycodone (OxyContin), and alprazolam (Xanax). Marijuana charges are also very common.
What drug crime you are charged with will depend on the amount of the drug, the evidence found with the drug, and what you were doing when the drug was discovered. Contact an experienced drug crime lawyer serving Spring Hill, Brooksville, and the surrounding areas if you are arrested on any of the following drug charges common in the Hernando County area:
- Possession of Drugs: Fla. Stat. § 893.13(6)(a) – Florida law makes it a felony to be in actual or constructive possession of a controlled substance unless it was lawfully obtained from a practitioner or through a valid prescription. This law applies not just to typical prescription drugs, like OxyContin, but to illicit drugs like cocaine as well.
- Possession of Drug Paraphernalia: Fla. Stat. §§ 893.145 & 893.147 – Drug paraphernalia is defined in the Florida statutes as all equipment, products, and materials of any kind that are used, or designed or intended for use, in the manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, or transporting controlled substances. Equipment, products, and materials of any kind that are used, or designed or intended for use, in the injecting, inhaling, ingesting, or otherwise introducing a controlled substance into the human body is also considered drug paraphernalia. Under Florida law, it is a crime to use or possess drug paraphernalia in any way that relates to its original purpose.
- Possession with Intent to Sell: Fla. Stat. § 893.13 – The first prohibited act listed under the Florida Drug Abuse Prevention and Control Act is the selling, manufacturing, delivering, or possessing with intent to sell, manufacture, or deliver any controlled substance. Prosecutors will typically try to increase a possession charge to intent to sell if there are factors like drug paraphernalia or a larger amount present. What degree felony possession with intent to sell is depends on the drug involved.
- Drug Trafficking: Fla. Stat. § 893.135 – In Florida, drug trafficking offenses are organized in the statutes by drug type and assigned penalties by weight. Drug trafficking is when a person knowingly sells, purchases, manufactures, delivers, or brings into this state a controlled substance in specified quantities. A drug trafficking offense can also be charged if the person is just in actual or constructive possession of a controlled substance in specified quantities, even if he or she had no intention of selling it.
- Illegal Possession of Prescription Drugs and Prescription Fraud: Fla. Stat. §§ 893.13(6)(a), 893.13(7)(a)7, 893.13(7)(a)9, 893.13(7)(a)8, 893.13(7)(a)13 – It is illegal to be in possession of prescription drugs like OxyContin (oxycodone), Xanax (alprazolam), and Adderall (amphetamine) without a valid prescription. Note that such possession is only a possession charge up to a certain amount until it turns into a trafficking offense. Only four grams, or just a few pills, of oxycodone is required to upgrade your illegal prescription drug possession charge to a trafficking offense. Obtaining a prescription by means of fraud or deception is also an offense, and includes the following charges:
- Illegal possession of a prescription form: Fla. Stat. § 893.13(7)(a)7
- Obtaining prescription by fraud: Fla. Stat. § 893.13(7)(a)9
- Doctor shopping: Fla. Stat. § 893.13(7)(a)8 and Fla. Stat. § 893.13(7)(a)13
Penalties for Hernando County Drug Crimes
The severity of the penalties your will face for a drug crime in Florida is usually dependent on the amount of the substance found and if any aggravating evidence is present, such as containers for selling the drug. The types of offenses common to Hernando County are generally felonies, with the exception of the use, manufacture, delivery, transportation, or advertisement of drug paraphernalia and the illegal possession of a prescription form, which are a first-degree misdemeanors punishable by up to a year in jail and/or up to a $1,000 fine.
Obtaining a prescription by fraud and doctor shopping are third-degree felonies, which carry a maximum of five years in prison and a $5,000 fine. Possession of alprazolam (Xanax) with intent to sell is also a third-degree felony, with the same penalties. Possession of certain amounts of other drugs with intent to sell is a second-degree felony, including the following:
- Up to 14 grams of meth
- Up to 4 grams of opiate, such as hydrocodone (Vicodin), oxycodone (OxyContin), codeine, and morphine
- Up to 4 grams of flunitrazepam (Rohypnol, roofies)
- Up to 1 kilogram of gamma-hydroxybutyric acid (GHB)
- Up to 28 grams of Phencyclidine (PCP, angel dust)
Second-degree felony convictions in Florida come with up to 15 years in prison and/or a fine up to $10,000. Drug trafficking offenses in Florida are complicated and come from very specific laws that assign penalties according to what drug is involved and how much.
If you are charged with drug trafficking offense in Hernando County, Sumter County, or Citrus County, it is strongly advised you seek the counsel of an experienced Brooksville drug crime attorney. Drug trafficking is a first-degree felony, with penalties specified by statute according to the amount of the substance present. The following drug trafficking amounts and their penalties are for drugs common to the Hernando County area:
Mandatory 3 Years in Prison, $50,000 Fine
- 28-200 grams of cocaine
- 14-28 grams of amphetamines, such as meth
- 4-14 grams of opiates, such as oxycodone
Mandatory 7 Years in Prison, $100,000 Fine
- 200-400 grams of cocaine
- 28-200 grams of amphetamines, such as meth
Mandatory 15 Years in Prison
- 400 grams – 150 kilograms, $250,000 fine
- 200+ grams of amphetamines such as meth, $250,000 fine
- 14-28 grams of opiates such as oxycodone, $100,000 fine
Felony drug offenses in Florida come with sanctions like the loss of certain civil rights and the inability to pursue certain professions in addition to the statutory penalties. One option available to certain drug offenders in avoiding these penalties is drug court. Hernando County Drug Court participants receive drug addiction treatment and meet certain requirements. Successful completion of the program may result in the charges being dismissed. Consult an experienced Hernando, Sumter, or Citrus County drug attorney if you are interested in a drug court program or for any other defense against your drug charges.
Hernando County Drug Court – The Hernando County drug court seeks to rehabilitate certain non-violent drug offenders and prevent recidivism through the treatment of the underlying addiction with counseling and 12-step programs. Successful completion of the program may result in a dismissal of your drug charges
Sumter County Adult Drug Court Program – The Sumter County drug court program is a deferred adjudication program for certain nonviolent drug offenders. The program involves both case management supervision and outpatient treatment for the drug addiction. Successful completion of the program usually means dismissal of charges.
NA – Narcotics Anonymous – A national non-profit organization, Narcotics Anonymous is committed to providing a venue for people with substance abuse addictions to come together with other individuals addicted to narcotics and provide a support system for overcoming addiction.
Chapter 893, Florida Statutes – Known as the Florida Comprehensive Drug Abuse Prevention and Control Act, Chapter 893 of the Florida Statutes governs all drug-related crimes in the state. Follow this link to educate yourself on your offense, or to find penalties for a specific drug not listed on this page.
Florida Comprehensive Drug Abuse Prevention and Control Act – This link is to the Florida Comprehensive Drug Abuse Prevention and Control Act (Chapter 893 of the Florida Statutes), which provides criminal drug offenses and Florida and the penalties for any drug conviction.
The Law Office of Ashley Aulls, P.A. | Drug Crime Defense Attorney for Hernando County
If you are facing drug charges in Hernando County area, including Brooksville, Spring Hill, Homosassa Springs, Masaryktown, Spring Lake, Citrus Hills, Crystal River, Black Diamond, Coleman, St. Leo, Crystal Springs, Quail Ridge, and San Antonio, contact skilled and experienced drug crime defense attorney Ashley Aulls. He will work with you on every step of the criminal process while fighting relentlessly for a favorable outcome in your drug case. Call (352) 593-4115 today to schedule a consultation.