In the state of Florida, Fentanyl causes more than twice as many deaths in 2022 than any other drug. Now, strict laws with strong penalties are in place to deter people from possessing or distributing any substance containing fentanyl. These strict laws can cause life-changing consequences for anyone charged with a fentanyl-related criminal offense.
Stechschulte Nell, Attorneys at Law in Tampa have extensive experience representing people who are charged with violating Florida’s drug laws, and fentanyl-related charges are being filed by police and prosecutors more frequently than ever. Our experience defending those accused of drug crimes equips our criminal defense lawyers with the legal knowledge and courtroom skills needed to protect our clients from avoidable convictions. If you are facing serious drug charges, whether the drugs were tainted with fentanyl or not, let Stechschulte Nell review your case. We can help.
Understanding Fentanyl
Fentanyl is a synthetic opioid that is more potent than heroin, morphine, or other opioids. It is legally used as an effective antipain medication for patients following surgery. It’s 100 times more potent than morphine and 50 times more potent than heroin.
A lethal dose of heroin is 100 mg. A lethal dose of fentanyl is .02 mg, about the size of a grain of sand.
The drug is so powerful that even a tiny amount of Fentanyl can be lethal when ingested, inhaled, or absorbed through the skin. This potency makes it especially dangerous when mixed with other drugs because users are often unaware of its presence.
Penalties for Selling Drugs Tainted with Fentanyl in Florida
Florida drug laws relating to Fentanyl include some offenses carrying mandatory prison sentences. Other penalties are on a graduated scale of penalties that are based on several different factors. The severity of the penalty depends on:
- the type and quantity of drugs involved,
- the defendant’s prior criminal history,
- and the specific charges brought against the defendant.
Fentanyl-tainted drugs trigger severe penalties when any amount of fentanyl is detected. But even possessing as little as 4 grams of fentanyl is subject to a mandatory prison sentence.
Florida penalties you face in Florida for crimes involving fentanyl-tainted drugs:
- Fentanyl Trafficking: Possessing, selling, buying, distributing, manufacturing, or bringing into Florida four grams or more of Fentanyl is a first-degree felony called “trafficking in dangerous fentanyl or fentanyl analogs” and can result in a mandatory minimum prison sentence of 3 years and a fine of up to $50,000, and a maximum sentence of 30 years in prison.
- If the amount of Fentanyl is between 4 grams and 14 grams, the penalty includes a mandatory prison sentence of 7 years and a $50,000 fine.
- If the amount of Fentanyl is between 14 grams and 28 grams, the mandatory minimum sentence is 20 years in prison and a $100,000 fine.
- And if the amount of Fentanyl is 28 grams (one ounce) or more, the defendant faces a mandatory prison sentence of 25 years and a $500,000 fine.
Selling or Delivering Fentanyl-Tainted Drugs to a Minor
Any adult who knowingly sells or delivers a minor with 4 grams of any fentanyl-laced substance will be ordered to pay a $1,000,000 fine if the pill or substance is coated, spray-dried, aerosolized onto or mixed into the form of the drug, and be sentenced to ordered to pay a fine of $1 million if the substance or mixture listed in substance.
- “resembles” a brand mark, consumer food product, or logo food product
- incorporates an actual false registered copyright or trademark
- looks like candy, cereal, a gummy, or a chewable item like gum or gelatin-like product
First Degree Murder if Someone Dies
If anyone dies from taking a fentanyl-tainted drug that you sold, the seller can be charged with aggravated manslaughter or murder. Prosecutors may bring murder charges against anyone involved in the perpetration of a fentanyl-trafficking offense during which someone dies.
Defending Against Fentanyl Charges
Fentanyl-related crimes are serious offenses that are a high priority for police, prosecutors, and judges. With so much government attention on Fentanyl drug crimes, having the right criminal defense lawyer fighting for you is essential if you want to avoid conviction.
Every criminal case must be proven by the prosecution beyond a reasonable doubt. A skilled and experienced Fentanyl defense lawyer will consider all of the facts and consider the best legal strategy to defend each client. Some of the most useful defenses in Fentanyl cases include these:
- Lack of Knowledge: If the defense can demonstrate that their client was unaware of the presence of Fentanyl in the drugs they were selling, the charges may be reduced because of the elimination of the aggravating Fentanyl component.
- Illegal Search and Seizure: Government agents and police are limited in their ability to search persons and places or seize evidence without a warrant. A warrant must be based on reliable information that constitutes probable cause to believe that a crime was or is being committed and that evidence related to that crime is likely to be located at a particular location. If the police do not have a lawful warrant, the circumstances must meet strict criteria for them to conduct a search or seizure. Skilled criminal defense lawyers analyze every fact to identify instances in which police exceeded their lawful authority.
- Entrapment: In some cases, law enforcement agencies may use tactics that amount to entrapment. This involves intense enticement or harassment of the defendant to provoke them to commit a crime that they would not have committed otherwise.
Read More > Updates to Federal Sentencing Guidelines
Protect Your Rights with Tampa’s Trusted Fentanyl Drug Defense Lawyers
Facing fentanyl-related charges in Florida can have life-altering consequences. Don’t navigate this complex legal landscape alone. Partner with Stechschulte Nell, Tampa’s leading fentanyl drug offense defense law firm.
Our experienced criminal defense lawyers can build a strong defense strategy tailored to your case. Contact us today at 813-280-1244 for a consultation and protect your rights.
