First-time possession of cocaine in Florida is typically charged as a third-degree felony, punishable by up to 5 years in prison and fines up to $5,000. However, mandatory minimum sentences may apply depending on the specific circumstances of the case.
Misdemeanor vs. Felony Cocaine Charges
In Florida, there is no misdemeanor classification for cocaine possession – all cocaine possession charges are treated as felonies. Even possession of a small amount of cocaine is charged as a third-degree felony, while larger quantities can result in more serious charges.
Possession of 28 grams or more elevates the charge to trafficking, which carries mandatory minimum sentences starting at 3 years in prison and fines of $50,000. The penalties increase dramatically with larger quantities, potentially resulting in decades of imprisonment.
Aggravating Factors
Several circumstances can significantly increase the penalties for cocaine possession:
- Location: Possession within 1,000 feet of a school, church, park, or other protected locations can result in enhanced charges and mandatory minimum sentences. This can increase the potential prison sentence by up to 3 years.
- Intent to distribute: Evidence suggesting intent to distribute, such as packaging materials, scales, or large amounts of cash, can elevate simple possession charges to possession with intent to sell. This enhancement typically results in second-degree felony charges, carrying up to 15 years in prison.
- Prior convictions: A history of drug-related offenses can lead to harsher sentences. For example, a second cocaine possession conviction can result in up to 10 years in prison.
- Possession while armed: If you’re found in possession of cocaine while also carrying a firearm, you may face additional weapons charges and increased penalties.
- Involvement of minors: If the offense involved selling or distributing to minors, or using minors in the commission of the offense, penalties can be significantly enhanced.
Defense Strategies for Cocaine Possession Cases
Our approach begins with a comprehensive review of the evidence, police procedures, and constitutional issues that may impact your case. The prosecution must prove beyond a reasonable doubt that you knowingly possessed cocaine and were aware of its illicit nature. This requirement creates several potential defense strategies that our experienced attorneys can leverage to protect your rights.
Constitutional Rights Protection
Law enforcement must follow strict procedures during searches and arrests to protect citizens’ constitutional rights. We carefully examine whether proper search warrants were obtained, if probable cause existed, and if proper procedures were followed during the arrest.
Many cocaine possession cases involve vehicle searches, traffic stops, or residential searches that may violate Fourth Amendment protections against unreasonable searches and seizures. Our team has successfully challenged evidence obtained through illegal searches, leading to dismissed charges for many clients.
Evidence Analysis and Challenge
Our attorneys meticulously analyze all evidence, including laboratory test results, chain of custody documentation, and police reports. We often identify weaknesses in the prosecution’s evidence that can be used to challenge the charges.
We examine whether proper testing procedures were followed to confirm the substance was cocaine, if the evidence was properly handled and stored, and if all documentation is complete and accurate. Any breaks in the chain of custody or testing irregularities can provide grounds for excluding evidence.
Negotiation Strategies
Our team employs skilled negotiation tactics when dealing with prosecutors. We often negotiate for reduced charges, alternative sentencing options, or case dismissals. Our strategies may include:
- Highlighting weaknesses in the prosecution’s case
- Demonstrating mitigating factors or client’s good character
- Proposing alternative resolutions, such as drug treatment programs
- Leveraging our knowledge of local court tendencies and prosecutor preferences
Our goal is always to secure the best possible outcome for our clients, whether through negotiation or litigation.
