Fentanyl Trafficking Charges in Florida: Penalties and Defense Strategies

The opioid crisis continues to devastate communities across America, with synthetic opioids like fentanyl at the forefront of this public health emergency. In Florida, authorities have responded with increasingly severe penalties for fentanyl trafficking offenses. If you or someone you know faces fentanyl trafficking charges, understanding the legal landscape is critical to mounting an effective defense.

At Fighter Law, our board-certified criminal defense attorneys, Thomas Feiter and Jessica Travis, have extensive experience defending clients against serious drug trafficking charges. We understand the complexities of Florida’s drug laws and work tirelessly to protect your rights throughout the legal process.

What Constitutes Fentanyl Trafficking in Florida?

Under Florida law, fentanyl trafficking occurs when someone knowingly sells, purchases, manufactures, delivers, or brings into the state, or knowingly possesses, a certain amount of fentanyl or fentanyl mixtures. The threshold amounts that trigger trafficking charges are surprisingly low due to fentanyl’s potency. They are as follows:

• 4 grams or more but less than 14 grams
• 14 grams or more but less than 28 grams
• 28 grams or more

It’s important to note that Florida law treats even small amounts of fentanyl seriously. The weight includes any mixture containing fentanyl, not just the pure substance itself. This means that even if fentanyl makes up only a small percentage of a drug mixture, the entire weight of the mixture counts toward the trafficking threshold. If you are accused of fentanyl trafficking, it is crucial you contact a trusted lawyer as soon as possible in order to begin building a strong defense case.

Severe Penalties for Fentanyl Trafficking

Florida imposes mandatory minimum sentences for fentanyl trafficking that increase with the quantity involved. The penalties you may be facing include the following:

• 4-14 grams: Mandatory minimum of 3 years in prison and a $50,000 fine
• 14-28 grams: Mandatory minimum of 15 years in prison and a $100,000 fine
• 28 grams or more: Mandatory minimum of 25 years in prison and a $500,000 fine

These mandatory minimum sentences mean that judges have no discretion to impose shorter prison terms, regardless of circumstances. Additionally, fentanyl trafficking convictions count as first-degree felonies, potentially resulting in up to 30 years in prison or life imprisonment for larger quantities.

What Are Effective Defense Strategies for Fentanyl Trafficking Charges?

When facing fentanyl trafficking charges in Florida, several defense strategies may be applicable depending on the specific circumstances of your case. These include:

Challenging the Search and Seizure

One of the most common and effective defenses involves challenging how law enforcement obtained the evidence. If officers violated your Fourth Amendment rights during the search and seizure process, we may file a motion to suppress the evidence. Evidence obtained through illegal searches, without proper warrants, or beyond the scope of consent may be excluded from court.

Questioning Possession and Knowledge

For a trafficking conviction, prosecutors must prove you knowingly possessed the fentanyl. Valid defenses may include:

• You had no knowledge of the presence of fentanyl
• You didn’t know the substance contained fentanyl
• The drugs belonged to someone else
• You never had actual or constructive possession of the drugs

Contact your lawyer to better understand if this avenue may work for your claim.

Disputing the Weight and Composition

Because trafficking charges and penalties depend on the weight and composition of the substance, challenging the state’s laboratory analysis can be crucial. Our defense team may:

• Question the accuracy of the testing methods
• Request independent testing of the substance
• Challenge the chain of custody of the evidence
• Dispute whether the substance actually contains fentanyl or its derivatives

This option may allow us to reduce your penalty or have it dropped altogether.

Entrapment and Due Process Violations

If law enforcement induced you to commit a crime you wouldn’t otherwise have committed, an entrapment defense may be applicable. Similarly, if your due process rights were violated during the investigation or arrest, this could form the basis of a strong defense.

Experienced Legal Representation Matters for Your Fentanyl Trafficking Defense

Fentanyl trafficking charges in Florida carry life-altering consequences. The complexity of these cases, from challenging scientific evidence to navigating mandatory minimum sentencing laws, makes experienced legal representation essential.

At Fighter Law, our criminal defense team brings decades of experience defending clients against serious drug charges in Orlando and throughout Central Florida. Thomas Feiter and Jessica Travis have the knowledge, resources, and determination to build the strongest possible defense on your behalf. Don’t face these serious charges alone. Contact Fighter Law at (407) 344-4837 or through our contact form to schedule a case review.

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