If you are convicted of drug crimes, certain factors could enhance the penalties that you may face. The experienced Florida criminal defense lawyers at The Alers Law Firm can help you mount a vigorous legal defense to charges that you face.
Florida increases the severity of drug charges when the alleged crime occurs within close proximity to certain areas, including schools and other areas where children may often be found. In some cases, a conviction could even mean a long minimum mandatory sentence. It does not matter whether you knew that you were near a school – all that matters is that you had the necessary intent to commit a drug crime.
You need immediate legal help when you are facing charges for possessing or selling drugs near a school. Schedule a free initial consultation with the experienced Florida criminal defense attorneys at The Alers Law Firm.
Selling or Possessing Drugs Near Schools Is a Serious Crime
In general, convictions on drug crime charges can lead to Serious penalties in Florida. These penalties can be enhanced if the drug arrest occurs within a certain distance of a school. The policy behind these enhanced penalties is clear. While every drug crime is viewed seriously by the law, there is even a heightened sensitivity about the protection of children. However, the law could lead to some unintended results, and it could be unnecessarily punitive. Nonetheless, since there is little discretion in enforcing this law, it is vital that you mount the strongest possible legal defense.
Florida Statute 893.13 addresses drug crimes in the state. Florida law makes it illegal to “sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising a child care facility.” The stricter laws may also apply to possession with intent to sell, which is based on the amount of drugs that you allegedly possessed at the time of your arrest.
Here, a child care facility may include:
- Public and private schools
- A child care facility for more than five children
- Summer day camps
- A state, county, or municipal park
- Community center
- A publicly owned recreational facility
Drug-free zone charges are based on arrests that occur between the hours of 6:00 AM and 12:00 AM. The school does not actually have to be in session for there to be enhanced penalties.
Penalties for Drug-Free Zone Convictions
The enhanced penalties are based on the fact that they occur in an area defined by the law as a “drug free zone.” The judge loses much of their discretion in sentencing for drug crimes that occur near schools because there are mandatory minimum penalties. Whether there is a minimum sentence, and its length, depends on the nature of the substance involved in the alleged crime. The crime can be either a first or second-degree felony, depending on the substance.
- A first-degree felony is punishable with a minimum of three years in prison, and potentially much more
- A second-degree felony does not carry a mandatory minimum sentence, but it can lead to up to 15 years in prison
There are numerous factors that could complicate your case if you are charged with a drug crime in a drug-free zone. First, you do not need to know that you were in a drug-free zone to receive enhanced penalties for a conviction. You only need to have the intent for the underlying crime, which could be as little as knowing that you are possessing a certain amount of illegal drugs. Second, there may be questions about whether you were really within 1,000 feet of the school or other facility. The measure of 1,000 feet could be up for debate, depending on where the grounds and facility are and where you were located. Whether you were actually in a drug-free zone could determine the severity of the sentence and whether there is a mandatory minimum penalty.
You would defend against drug-free zone charges in the same way that you would contest any type of drug charges. Possible defenses could include:
- You were subject to an illegal search or seizure
- You were entrapped by law enforcement into committing the crime
- You did not know that you had drugs in your possession
- Police did not have reasonable suspicion or probable cause (depending on the circumstances) to stop you
Contact a Florida Criminal Defense Law Firm Today
If you have been charged with a drug crime, schedule an immediate free consultation with the Florida criminal defense attorneys at The Alers Law Firm. You can speak with an attorney by messaging us online or by calling us today at (407) 930-4888.
About Alers Law Firm
Alers Law Firm is a reliable legal advocate, focusing on criminal defense, family law, DUI, and battery cases. With a team of seasoned attorneys, we are committed to delivering strong, results-oriented representation and personalized guidance tailored to each client’s unique circumstances. We bring in-depth knowledge of the legal system and a strategic approach to every case whether it involves complex family disputes or criminal charges. To better serve our diverse community, we offer bilingual legal services in English and Spanish, ensuring that language is never a barrier to quality representation. At Alers Law Firm, our priority is protecting your rights and providing the compassionate support you deserve throughout every step of the legal process.
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