What is an Intent to Sell Conviction?
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The state of Florida has very strict drug laws. One of the charges that falls under that category is intent to sell. This charge is officially defined by Florida Statutes as being unlawful for an individual “to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance.” Florida also has a very detailed classification of controlled substances, which means everything from marijuana to steroids to heroin or pharmaceutical drugs can fall under this label.
Classifications for an Intent to Sell Charge
When someone is charged with intent to sell, it can fall under two possible classifications. The first is a second degree felony. Possession of cocaine with intent to sell is classified as this type of felony. If you’re arrested for this charge due to marijuana, it will be classified as a third degree felony. While an intent to sell charge is serious regardless of the classification, second degree offenses do carry the stiffest potential penalties.
One important note about classifications is based on the circumstances involved, a third degree felony may be increased to the second degree. For example, if an adult is arrested for selling marijuana to someone under the age of 18, that individual will face a second degree felony charge.
Penalties for an Intent to Sell Conviction
Third degree felonies are punishable by up to five years in prison. A second degree felony conviction can extend the amount of time spent in prison to as much as fifteen years. There are also significant monetary penalties that can go along with either charge.
Proving an Intent to Sell Charge in Florida
Of all the possible drug charges in the state of Florida, intent to sell generally has the most grey areas. The reason is there are several things that must be proven beyond a reasonable doubt to show that there was intent to sell instead of standard possession. The first of the three things that must be established is the defendant possessed a certain substance with the intent to sell, manufacture, or deliver the substance. The second is substance was a controlled substance as defined in Section 893.03, Florida Statutes. Finally, a prosecutor has to show that the defendant had knowledge of the substance.
Protect Your Legal Rights By Working with a Miami Attorney
It’s fairly common for law enforcement and prosecutors to use the intent to sell label as a way to make a possession charge more severe. From the presence of large amounts of cash to the presence of baggies or other paraphernalia, there are many ways that a prosecution may try to establish this intent.
Defending against the way those factors are framed is why it’s vital to have the representation of a Miami drug crimes attorney. An experienced attorney can build a strong defense or potentially move to have this charge fully dismissed. If you’re currently facing an intent to sell charge in Florida and need legal representation, contact Gabriela Novo for a free consultation. You can reach her law office by calling (954) 866-8237.
February 26, 2016 11:30 am
Categories: Criminal Defense, Uncategorized