The laws and penalties associated with drug trafficking can be severe under both U.S. federal and Florida state courts. In this blog post, we provide a comparative analysis of drug trafficking penalties in both jurisdictions. We’ll also explain some of the most effective defense strategies to fight the charges, to defend your liberty, and to ensure your rights are protected.
At Stechschulte Nell, Attorneys at Law, we believe in keeping our clients thoroughly informed about the law, speaking plainly and directly about the facts, and explaining how we will press the most effective defense possible for each of them in every case. Your criminal case means your life and liberty are at stake. We recognize the stress you and your family will be under. You have our full attention.
Federal Court Penalties for Drug Trafficking
In federal court, drug trafficking is governed by the Controlled Substances Act. The penalties are steep and increase with larger amounts of drugs and the classification of the drugs involved. The Controlled Substance Act assigns each drug or chemical compound to one of five “schedules,” with Schedule I being the most severe and Schedule V being the least.
The factors that determine the seriousness of drug trafficking charges include the following:
- Type of Controlled Substance: Drugs are categorized into five “schedules,” with Schedule I being the most severe and Schedule V the least. While the schedules still affect the seriousness of the crimes of possession, distribution, and trafficking, the schedule assignments were made decades ago and haven’t changed.
The schedules were organized to categorize the drugs with a high potential for abuse and whether the drug had any accepted medical use. At the time the schedules were drafted, marijuana was believed to be of no therapeutic value and to be habit-forming. Despite the performance of countless scientific and medical studies on marijuana during the intervening years showing it has significant value as a pain-reducing agent, it remains in the same category as heroin, LSD, and ecstasy.
- Quantity: Higher the quantities of the drug the more severe the penalties. Some of the specific penalties for trafficking particular amounts are described below.
- Prior Convictions: Any previous drug-related convictions will significantly impact sentencing. Under the federal sentencing guidelines, a convicted defendant is scored on many factors, including their “criminal history.” A history of repeated convictions, especially similar ones, will increase the defendant’s “points” and add time to their sentence.
- Presence of Aggravating Factors: Aggravating factors include fact patterns in which the defendant is convicted of using firearms in the commission or furtherance of the crime, whether death or serious bodily injury resulted from the crime (including from drug use), or whether traffickers involved minors in the offense.
Federal penalties for drug trafficking cover a wide range and are determined by the factors described above in each individual offense. Prison sentences can range from 5-40 years up to life imprisonment, depending on the specifics of the case.
Florida State Court Penalties for Drug Trafficking
Florida also has strict drug trafficking laws including the imposition of mandatory minimum prison sentences. Florida’s drug trafficking penalties are determined in the same way the federal courts decide when to imprison someone and for how long. The factors that affect drug trafficking sentences in Florida include these:
- Type and Quantity of Drug: Florida statutes specify mandatory minimum sentences based on the type and amount of the drug involved.
- Location of Offense: While trafficking typically involves many illegal drugs, the sentence for the crime is enhanced just as lesser drug offenses are if they are committed near schools, parks, children’s daycare, or other protected zones.
- Prior Convictions: And, as with the federal courts, previous criminal history can and does escalate the penalties imposed by the courts.
For a closer look at drug trafficking penalties a defendant faces in Florida courts, consider the following:
- Trafficking a Schedule I drug in Florida is penalized according to the metric weight of the drugs:
- more than 4 grams and under 14 grams (= ½ ounce) carries up to 3 years in prison
- from 14 grams to 28 grams (= ½ ounce to 1 ounce) carries up to 15 years in prison
- from 28 grams to 30kilograms (= 1 ounce to 66 pounds) is punishable by up to 25 years in prison
- more than 30 kgs. (66 pounds) can result in life in prison.
- Fines: Florida and federal courts understand that large-scale drug traffickers rake in a lot of money. To impose financial pain, trafficking convictions can result in fines of $50,000, $100,000, or $500,000, per count.
- Possession of more than 1 ounce of cocaine (28 grams) is charged as the first-degree felony of trafficking in Florida. Penalties for trafficking cocaine are as follows:
-
- from 28 grams (1 oz.) to 200 grams (7 oz) carries a 3-year prison sentence,
- from 200 grams to 400 grams (14 oz) can result in a 7-year prison sentence,
- from 400 grams to 150 kilograms (330 lbs.) could bring 15 years in prison, and
- more than 150 kilograms is punishable by up to life in prison.
Again, as with Schedule I, Schedule II trafficking crimes include the potential for fines ranging from $50,000 to $100,000 to $500,000 respectively.
Defense Strategies in Federal Court
The defense of a criminal drug trafficking case in federal court is similar in many ways to strategies and tactics we use in state courts. However, the choice of defense in federal court is sometimes influenced by the fact that federal prosecutors rather than state prosecutors brought the case.
Federal prosecutors handle a smaller volume of cases than state prosecutors do. As a result, they have more time to give each case intense attention, and the patience to build a more detailed, often stronger prosecution case.
However, all criminal investigators and prosecutors, whether employed by the state or the federal government, make mistakes and exercise poor judgment on occasion. When they do, it’s your criminal defense attorney’s role to use those errors and misjudgments to your benefit.
- Constitutional Challenges: One common defense strategy focuses on the legality of searches and seizures that led to the discovery of drugs. Any evidence obtained through unconstitutional means could be suppressed.
- Entrapment: If law enforcement coerces an individual into committing a crime they otherwise would not have committed, that fact can constitute a solid defense. This defense is more effective with first offenders, as a more extensive criminal history increases the difficulty of the defense demonstrating that the defendant was not already inclined to commit the offense.
- Lack of Knowledge: Defendants can also argue they were unaware that they were in possession of controlled substances, particularly in scenarios involving vehicles or shared living spaces. The government must prove the defendant had “guilty” knowledge of the drugs.
- Cooperation with Prosecutors: In certain situations, providing substantial assistance to law enforcement in the investigation of other offenses may lead to reduced sentencing. The decision to cooperate with the prosecution is one made solely by the client in consultation with their defense lawyer based on the individual facts of the case and the strength of the evidence.
Defense Strategies in Florida State Court
- Illegal Search and Seizure: Just as in federal cases, evidence procured through unconstitutional means can be contested in Florida courts. Illegal searches or seizures provide a bounty of opportunities for a skilled defense lawyer to help their client. We analyze every aspect of every search to determine if the law was violated by the police.
- Mistake of Fact: Defendants may argue that they were unaware that the substance they possessed was illegal or controlled. A conviction requires the government to prove the defendant knows of the nature of the drugs and that they were illegal. If the defendant knew a substance was present but believed it to be a legal substance, no conviction should be obtained.
- Lack of Intent: Proving lack of intent to distribute can sometimes result in charges being reduced from trafficking to simple possession.
- Procedural Defenses: Incorrect handling or storage of evidence, or failure to read Miranda rights, can also be used as defense strategies in Florida.
Comparing Federal and Florida State Defenses
While there are similarities in defense strategies, it’s crucial to recognize the distinctions between federal and state law. For instance, federal courts often deal with larger, interstate trafficking operations, meaning the stakes—and penalties—can be much higher. However, state courts also present their unique challenges, including mandatory minimum sentences that may limit judicial discretion.
Both Federal and State Drug Trafficking Charges Require Skilled Criminal Defense Lawyers
No matter where your drug trafficking case is filed, the charges are serious and must be handled by an experienced criminal defense attorney. To get the most experienced lawyer available, reach out to Stechschulte Nell at 813-280-1244.
