In the state of Florida, charges related to fentanyl crimes are taken extremely seriously. With the increasing prevalence of this powerful synthetic opioid in recent years, law enforcement agencies have been cracking down on its distribution and possession. If you or someone you know is facing such charges, it is crucial to understand that there may be potential defenses available to fight these allegations.
Our attorneys at Stechschulte Nell Law explore various defense strategies that drug attorneys can employ when representing individuals accused of fentanyl crimes in Florida.
It is important to note that each case is unique and requires a thorough examination of the specific circumstances surrounding the arrest. However, by shedding light on some common defenses used in these cases, we aim to provide a general understanding of what options may be available.
The Penalties for Fentanyl Crimes
When it comes to drug crimes involving fentanyl, the state of Florida has strict laws and penalties in place to combat this deadly substance.
Fentanyl is 100 times stronger than morphine
and 50 times stronger than heroin.
Fentanyl is a powerful synthetic opioid that is often mixed with other drugs or sold as counterfeit pills, leading to an increased risk of overdose and death.
Possession
In Florida, possessing fentanyl without a prescription is considered a third-degree felony. If convicted, individuals can face up to five years in prison and fines reaching $5,000.
Trafficking
For larger quantities or if intent to sell or distribute can be proven, penalties become much more severe.
- The penalty for possessing less than 4 grams of fentanyl is up to five years in prison and a $5,000 fine. Four grams or more elevates the charge from simple possession to narcotics trafficking.
- A minimum sentence of three years in prison and a fine of $50,000 are imposed for more than 4 grams but less than 14 grams. The judge also has the option to sentence the charged with up to 30 years in prison.
- More than 14 grams but fewer than 28 grams has a mandatory minimum sentence of 15 years in jail and a $100,000 fine. 30 years in prison is the maximum punishment.
- A minimum of 25 years in prison and a fine of $500,000 are imposed for more than 28 grams. 30 years in prison is the maximum punishment.
Read More > Criminal Liability in Fentanyl & Drug Death Cases
Homicide Charges and Fentanyl
Due to the alarming rise in fatalities caused by the misuse of Fentanyl, the state of Florida has taken a significant step forward in cracking down on drug crimes. In a bid to curb this deadly epidemic, Fentanyl trafficking has been added to Florida’s murder statutes.
Individuals involved in trafficking this deadly substance
can also face the possibility of homicide charges.
Prosecutors argue that those who distribute fentanyl knowingly put others at risk of death due to its extremely potent nature. As a result, defendants may find themselves facing severe legal consequences if they are implicated in any deaths resulting from fentanyl use.
While drug crimes carry significant penalties on their own, the introduction of homicide charges takes these offenses to a whole new level. This is why it is so important to have a skilled drug crime defense attorney on your side to fight on your behalf.
Defense Strategies for Fentanyl Crimes
Anyone facing charges related to fentanyl crimes can, with the help of a criminal defense attorney, employ various defense strategies to protect their rights and mitigate potential penalties.
Challenging the Search & Seizure
Law enforcement officers must follow strict protocols during searches, including obtaining search warrants when necessary. If it can be proven that the search violated an individual’s Fourth Amendment rights against unreasonable search and seizure, any evidence obtained may be deemed inadmissible in court. This can significantly weaken the prosecution’s case and potentially lead to reduced charges or even dismissal.
Questioning the Chain of Custody
The chain of custody refers to the chronological documentation that tracks the movement and handling of evidence from its initial collection until its presentation in court. It ensures that evidence has not been tampered with or contaminated, safeguarding defendants’ rights to a fair trial.
When using this defense strategy, we will question the chain of custody for seized fentanyl samples.
- Was the sample tampered with?
- Was it handled correctly when collected?
- Was it stored properly?
Addiction
Many people arrested for Fentanyl possession are addicts who would benefit more from treatment for drug dependency than jail time.
It all begins innocently enough – a lawful prescription for painkillers issued by a trusted doctor. However, for some individuals, this seemingly harmless path leads to dependency and ultimately to the dangerous world of illicit drugs.
In these cases, defense attorneys argue that the accused’s addiction and possession of fentanyl was not a deliberate choice but rather an unintended consequence of following their doctor’s orders. The aim is to highlight how patients were led down this treacherous path due to circumstances beyond their control and emphasize the culpability of medical professionals who negligently prescribed these highly addictive substances.
Read More > Is Using Drugs a Different Charge Than Selling?
We Are on Your Side
If you have been charged with a fentanyl-related crime, our team of experienced attorneys is here to support and defend you. We understand the serious consequences that these charges can bring and are dedicated to ensuring your rights are protected throughout the legal process. With our in-depth knowledge of fentanyl laws and regulations, we will work tirelessly to build a strong defense strategy tailored specifically to your case.
When it comes to fentanyl-related crimes, having a knowledgeable attorney on your side can make all the difference in achieving a favorable outcome in your case. Contact us today for a case review at 813-280-1244.
