DRUG TRAFFICKING

Pursuant to Florida Statute 893.135(1)(b) any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 28 grams or more of cocaine, or of any mixture containing cocaine, but less than 150 kilograms of cocaine or any such mixture, commits a felony of the first degree, which felony shall be known as “trafficking in cocaine,”

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Elements

To prove the crime of Trafficking in Cocaine, the State must prove the

following three elements beyond a reasonable doubt:

1. The accused knowingly sold, purchased, manufactured, delivered, brought into Florida, or possessed a certain substance.

2. The substance was cocaine or a mixture containing cocaine.

3. The cocaine or mixture containing cocaine weighed 28 grams or more.

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Penalties

The sentencing guidelines for drug trafficking charges are harsh and severe. Drug trafficking is a first-degree felony, punishable by up to 30 years in Florida State Prison.  Florida imposes minimum-mandatory prison sentences and fines for people convicted of Trafficking in Cocaine based upon the weight of the mixture containing cocaine. Under Florida law, on the Office of the State Attorney can agree to waive the minimum-mandatory sentencing requirements.

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Cocaine (the following represent “Trafficking in cocaine”, all of which are First Degree Felony Charges):

Charge

Mandatory Minimum Sentence

28 grams or more, but less than 200 grams

3 Years + $25,000 fine

200 grams or more, but less than 400 grams

7 Years + $100,000 fine

400 grams or more, but less than 150 kilograms

15 Years + $250,000 fine

 

There are many possible defences to the charge of Trafficking in Cocaine.  

 

For a free consultation to see how David J. Sobel can defend you, contact Mr. Sobel at 954-383-3000.  You will be able to speak directly with Mr. Sobel 24/7.