In Florida, the sale or delivery of heroin is a second-degree felony that occurs when an individual sells, produces or delivers any amount of the drug or possesses heroin intending to sell, manufacture, or deliver it. A felony drug charge is more serious than a misdemeanor charge and results in harsher punishment for those found guilty. As experienced Orlando sale and delivery defense lawyers we know it is not unusual for prosecutors to turn a possession charge into one that is far more serious, alleging the offender intended to sell or distribute the heroin. Regardless of the circumstances it is important to work with a skilled defense attorney who will fight hard to secure the best possible outcome in your case.
Penalties for the Sale or Delivery of Heroin in FloridaThe penalties for possessing heroin depend on the amount of heroin possessed along with other factors, and may include from five (5) to 30 years in prison. However, when you are convicted of the sale or delivery of heroin the punishment will include:
A judge may sentence you to prison time, probation, or any combination of the above. In addition to criminal penalties, other sanctions a person may face if found guilty include driver's license revocation for a period of one year and suspension of any state-issued professional license.
Individuals who are convicted of a drug offense face long-term consequences including difficulty finding employment or housing due to a criminal record. Additionally, the stigma of a conviction may follow you throughout your life. It is vital you take action right away in your own defense.
Possible DefensesThere are some common defenses used in fighting allegations of the sale or delivery of heroin in Florida. These include:
Constructive possession may apply if people other than the accused had access to the location where the heroin was found. Law enforcement officials have also been known to obtain evidence illegally or without the necessary warrant, which could make an illegal search and seizure defense effective in the case. Perhaps you had no idea the substance in your possession was heroin. There are several defense strategies that may be useful in a person's case depending on the facts or details of the case. At Adams, Luka, & Benton, our Orlando criminal defense attorneys will thoroughly review your case, examine the evidence and work with you to determine the best approach in your situation.
Not every heroin case goes to trial. A defendant may be offered a plea deal in some cases, which means he or she can plead guilty or no contest to a lesser offense if the evidence will likely uphold a conviction. Those who are innocent often desire to go to trial in order to clear their names. In some cases it may be possible to have charges completely dismissed. Navigating the criminal defense system is not easy; one misstep could result in an undesirable outcome. In any drug case it is imperative to consult with a skilled and experienced defense lawyer.
Contact Adams, Luka, & Benton TodayFlorida's Statute 893.13(1)(a)(1) outlines the laws governing the sale, manufacture, delivery or possession with intent to sell, manufacture or deliver controlled substances. Drug crimes are punished harshly; those charged with these offenses are innocent until proven guilty beyond a reasonable doubt. At Adams, Luka, & Benton, our Orlando drug crimes lawyers are dedicated to giving every case the personal attention you deserve in order to reach positive results. If you have been arrested or are under investigation for the sale or delivery or heroin, call us now for a free consultation.
I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.
After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm Adams, Luka, & Benton did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.
The result by Thomas Luka: Case Dismissed.
I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of Adams, Luka, & Benton.