Karatinos Law, PLLC

Need An Attorney Who Will Go To Battle For You? Call 352-405-0537 Today. Keeley’s Available 24/7.

Karatinos Law, PLLC
EMAIL
352-405-0537

Aggressive Representation in Criminal Defense and Personal Injury Cases

Fight For Your Future with a Possession with Intent to Sell Lawyer at Your Side

Florida drug cases involving allegations of possession with intent to sell can get extraordinarily complex very quickly. Having a possession with intent to sell lawyer with extensive knowledge of these intricacies can make a huge difference. It can help ensure your rights and best interests have dedicated protection at every step. Turn to our skilled Dade City lawyer, Keeley Karatinos, today.

At Karatinos Law, PLLC, we have a deep commitment to relentlessly defending individuals facing possession with intent to sell charges and other drug crime allegations in Pasco County, Sumter County and Hernando County. Attorney Keeley offers passionate advocacy, attentive support and personalized guidance. You can count on her to address your defense needs with a trusted combination of skill, care and tenacity.

Understanding the Differences Between Possession and Possession with Intent to Sell

Under Florida Statute § 893.13, possession and possession with intent to sell are distinct offenses. They differ in what the prosecution must prove, the defense options available and the severity of the charges. Below, we explore these differences in more detail.

The Intent Requirement

For simple possession, the prosecution must prove that a person knowingly had control over a controlled substance that was illegal for them to possess. Meanwhile, possession with intent to sell has an additional required element on top of this: an intent to distribute. Evidence that prosecutors might use to try to show there was intent for drug sales include:

  • The presence of large quantities of drugs
  • The presence of a wide variety of drugs
  • Packaging materials
  • Scales or measuring devices
  • Large amounts of cash
  • Phone or email records
  • Observations by law enforcement
  • Testimony of witnesses or informants
  • Video surveillance

What specific kinds of intent-related evidence the prosecution has can have a big impact on the overall strength of the case against you.

Unique Defense Options for Intent to Sell Charges

The intent requirement can open up some unique defense options in these types of cases. There may be a range of ways to contest whether this requirement was present in a case, including questioning the interpretation, accuracy or strength of the prosecution’s intent evidence. This is in addition to other defense tactics that can be on the table in drug cases, such as challenging the validity of an arrest or search and seizure, asserting that your rights were violated, or arguing that you weren’t truly in possession of the drugs in question. A criminal defense lawyer can help you explore the unique defense opportunities for your case.

Potential Possession with Intent to Sell Penalties

Possession with intent to sell charges are generally more serious than those for simple possession.

For certain Schedule I and II drugs, intent to sell raises the charge from a third-degree to a second-degree felony, increasing the maximum prison sentence from five years to 15 years and the maximum fine from $5,000 to $10,000.

For Schedule V drugs, intent to sell is a first-degree misdemeanor, which has a potential sentence of up to one year in prison and $1,000 in fines. In contrast, simple possession of such a controlled substance is a second-degree misdemeanor level with lower maximums of up to 60 days in jail and a $500 fine.

Even when there isn’t an increase in charge level, alleged intent to sell could lead to harsher sentencing in the event of conviction.

A strong, solution-focused drug crime defense attorney can provide you with the advocacy you need when these serious charges arise.

What Types of Drugs Could be Involved?

Possession with intent to sell charges can involve any controlled substance, from Schedule I to Schedule V. Common drugs in Florida cases include:

  • Cocaine
  • Heroin
  • Methamphetamine
  • Marijuana
  • Ecstasy
  • LSD
  • Xanax
  • Fentanyl
  • MDMA
  • Steroids
  • Oxycodone
  • Hydrocodone
  • Methadone
  • Morphine

What specific type of drug you allegedly possessed with the intent to sell can have impacts on many aspects of your case, including what types of penalties could be a possibility.

Intent to Sell Allegations May Lead to Trafficking Charges

Among the more severe charges related to intent to sell is drug trafficking. Under Florida Statute § 893.135, possession with intent to sell becomes trafficking if the amount of drug possessed exceeds certain thresholds. These amounts vary by drug. So, like drug type, drug amount can be an extremely critical and impactful issue in cases involving allegations of intent to sell.

How Can I Avoid Serious Penalties for Possession with Intent to Sell?

While intent to sell charges are a serious matter, it is important to remember that you are not without options when facing them. What defense strategies are available depends on your situation. A carefully tailored defense can be crucial to unlocking potential routes for a case dismissal, reduction of charges or minimization of potential consequences. An experienced drug distribution and trafficking defense attorney can provide you with personalized guidance on what can be done to fight for your future.

We’re Here to Help – Reach Out Today

You don’t have to face possession with intent to sell charges on your own. Discover what a strong defense can do for you, your goals and your future. Contact us today for a free in-person consultation by calling 352-405-0537 or sending us an email. Attorney Keeley is fluent in English, Spanish and Russian.