While all drug offenses are treated seriously in Florida, those that allege drug trafficking, the possession of firearms in connection with drug sales, or drug crimes committed by people with previous felony convictions are treated even more harshly. These factors are aggravators that can increase the severity level of the charge and the potential sentence the defendant will face. Whenever someone is charged with a drug crime, they should consult Port St. Lucie drug defense lawyer Jeffrey H. Garland, Esq. Attorney Garland has decades of experience defending people against criminal charges and can help you understand your charges and rights. A recent arrest in Fort Pierce illustrates the seriousness of drug charges.
Man Arrested and Charged with Drug Trafficking and Weapons Offenses
The St. Lucie County Sheriff’s Office announced the arrest of a 46-year-old Fort Pierce man on multiple drug and weapons charges. The man had a previous felony conviction and had served time in prison during the early 2000s.
According to the Sheriff’s Office, officers executed a search warrant on the man’s home on April 22, 2023. Officers reportedly found almost 4,500 grams of illegal drugs, including 4,103 grams of cocaine, 148 grams of ecstasy, 100 grams of molly, 12 grams of fentanyl, and 220 grams of marijuana. In addition to the drugs, the police also seized 10 firearms, including several semi-automatic rifles, a toolbox full of gold coins, and $245,476 in cash. The man was taken into custody on a $153,000 bond.
Potential Charges
In this situation, the prosecutor could charge the man with multiple offenses, including drug possession, possession with the intent to sell, drug trafficking, and possession of firearms by a previous offender. If the prosecutor could show the drugs originated from outside of the state and were trafficked in by the man, he could be charged federally as well as in state court. State prosecutors often stack charges to increase the likelihood of securing a conviction, so the man will likely face multiple charges for the same offenses.
Here is an overview of some of the charges the man might face in state court from the highest to lowest severity level.
Drug Trafficking
People can be charged with drug trafficking based on the amounts and types of drugs they are found to possess under § 893.135, Fla. Stat. (2023). In the man’s case, he could face trafficking charges for the following substances:
- Cocaine – 28 grams or more is considered trafficking
- Ecstasy – 10 grams or more is considered trafficking
- Molly – 10 grams or more is considered trafficking
- Fentanyl – 4 grand or more is considered trafficking
Since the threshold for trafficking in marijuana charges is 25 pounds, the man likely won’t face drug trafficking charges for marijuana.
The potential sentences for each of these above-listed trafficking offenses also vary based on how much of each substance was seized as follows:
- Cocaine – 4,103 grams seized (4 kilos) – Mandatory minimum prison for 15 years and a fine of $250,000
- Ecstasy – 148 grams seized – Mandatory minimum prison sentence of three years and a $50,000 fine
- Molly – 100 grams seized – Mandatory minimum prison sentence of three years and a $50,000 fine
- Fentanyl – 12 grams seized – Mandatory minimum prison sentence of seven years and a fine of $50,000
Possession With Intent to Sell
The man could also face separate charges for possession with the intent to sell each of the above-listed drugs under § 893.13, Fla. Stat. (2023). The potential penalties vary based on the scheduling of the drugs as found in § 893.03, Fla. Stat. (2023). Possession with intent to sell drugs can be charged as either a second-degree or third-degree felony based on the drug’s schedule. Second-degree felonies are punishable by a maximum of 15 years in prison and a $10,000 fine, and third-degree felonies are punishable by a maximum prison sentence of five years in prison and a $5,000 fine. The man could be charged with separate felonies for each substance that was seized.
Simple Possession
In many cases, prosecutors will take on simple possession charges to ensure they secure convictions in case defendants are found not guilty of drug sales or trafficking crimes. For example, possession of cocaine is a third-degree felony carrying a maximum prison sentence of five years with a $5,000 fine.
Felon in Possession of Firearms
The man could also face separate counts of being a felon in possession of a firearm for each weapon law enforcement allegedly seized from his property. These offenses are found in § 790.23, Fla. Stat. (2023). This offense is a second-degree felony carrying a potential punishment of up to 15 years in prison and a $10,000 fine per count.
Talk to a Port St. Lucie Drug Defense Lawyer
Depending on the evidence, the man could be charged with additional offenses. People who are facing charges of drug sales or trafficking should consult Port St. Lucie criminal lawyer Jeffrey H. Garland immediately. We can review the evidence in your case and help you understand the defense strategies available to you. If you, a friend, or a family member has been in a similar legal situation, contact The Law Office of Jeffrey H. Garland, P.A. at 772.489.2200.