Facing cocaine-related charges in Tampa or Hillsborough County can have serious legal and personal consequences. Florida has strict drug laws, and a conviction could result in heavy fines, jail time, and a permanent criminal record that can impact your future opportunities. Whether you’re facing charges for possession, trafficking, or intent to distribute, it’s crucial to have an experienced defense attorney by your side.
At Metcalf Falls, Criminal Defense Attorneys, P.A., we understand how prosecutors handle cocaine cases and are ready to fight aggressively to protect your rights. Call 813-258-4800 for a free consultation today.
Understanding Cocaine Charges in Florida
Florida law classifies cocaine as a Schedule II controlled substance under Florida Statute § 893.03(2)(a)4. Under the law, it is considered a highly addictive substance with limited medical use. Being convicted of possessing, selling, or trafficking cocaine can lead to severe penalties.
Common cocaine-related charges in Florida include:
- Possession of Cocaine – Having any amount of cocaine can lead to felony charges.
- Possession with Intent to Distribute – Prosecutors may enhance charges if they believe you intended to sell or distribute the drug.
- Cocaine Trafficking – Larger quantities carry mandatory minimum prison sentences and hefty fines.
Florida Cocaine Laws & Penalties
Under Florida Statute § 893.13, cocaine-related offenses range from third-degree felonies to first-degree felonies with mandatory minimum sentences based on the quantity involved. In extreme cases, you could even face a capital felony — a conviction could mean
Possession of Cocaine in Florida
Possession of any amount of cocaine is classified as a third-degree felony, punishable by:
- Up to 5 years in prison
- Fines of up to $5,000
- A two-year driver’s license suspension
Possession with Intent to Distribute
Possession of cocaine with intent to distribute is a second-degree felony, punishable by:
- Up to 15 years in prison
- Fines of up to $10,000
- Probation and community service requirements
Trafficking in Cocaine
Perhaps Florida’s most strict cocaine charge, the state imposes mandatory minimum sentences for trafficking offenses under Florida Statute § 893.135(1)(b):
- 28 to 200 grams – 3-year minimum prison sentence and a $50,000 fine
- 200 to 400 grams – 7-year minimum prison sentence and a $100,000 fine
- 400 grams to 150 kilograms – 15-year minimum prison sentence and a $250,000 fine
- Over 150 kilograms – Life imprisonment with no parole
Can I Defend Against Cocaine Charges in Tampa?
Like all criminal charges, you are innocent until proven guilty. One of our skilled drug charged defense attorneys can help you fight your cocaine charge.
At Metcalf Falls, Criminal Defense Attorneys, P.A., we use a strategic and aggressive approach to defend against cocaine charges. Some potential defenses include:
Lack of Knowledge
We may argue that you were unaware of the presence of the cocaine, which can be an effective defense if the drug was found in a shared space. We could argue that a roommate or relative owned the drugs and was storing them near you.
Illegal Search and Seizure
If law enforcement violated your constitutional rights by conducting an unlawful search, the evidence obtained may be inadmissible in court. If the prosecution lacks evidence, we could argue that the court dismiss your charges.
Lack of Intent
For possession with intent to distribute charges, the prosecution must prove that you intended to sell drugs. If they only have circumstantial evidence and it is unclear if you truly meant to distribute cocaine, we can challenge their claims.
Entrapment
If law enforcement coerced or induced you into committing a crime you wouldn’t have otherwise committed, entrapment could serve as a strong defense. While investigations have some operational flexibility, law enforcement cannot make you break the law.
Why Choose Metcalf Falls, Criminal Defense Attorneys, P.A.?
When facing cocaine charges in Tampa or Hillsborough County, you need an experienced legal team that understands the complexities of Florida’s drug laws. At Metcalf Falls, Criminal Defense Attorneys, P.A., we offer:
- Aggressive Defense Strategies: We analyze every aspect of your case to build the strongest defense possible.
- Personalized Attention: We tailor our approach to fit the unique circumstances of your case.
- Proven Results: Our attorneys have successfully defended clients against drug-related charges across Florida.
FAQs About Cocaine Charges in Florida
What should I do if I’m charged with cocaine possession in Tampa?
Avoid speaking to law enforcement without an attorney present. Contact us immediately to discuss your defense options.
Can I face felony charges for a small amount of cocaine?
Yes, possession of any amount of cocaine is a felony offense in Florida, punishable by prison time and fines. You can be charged for holding 28 grams of cocaine. To put that in perspective, that’s roughly the size of one AA battery.
Is probation an option for first-time offenders?
Depending on the circumstances, first-time offenders may be eligible for diversion programs or probation instead of jail time. Our skilled Tampa drug defense attorneys can see if you are eligible and fight for your freedom.
What if the cocaine wasn’t mine?
If you were unaware of the drug’s presence or someone else placed it in your possession, we can argue that you lacked control over the substance. The prosecution must prove you knew about the cocaine and had control over it.
Are there mandatory minimum sentences for cocaine offenses in Florida?
Yes, trafficking offenses carry mandatory minimum sentences that cannot be reduced by the court. The more severe the charges, the longer your sentence can be.
Does having a prior drug conviction affect my case?
Yes, prior convictions can lead to harsher penalties and impact sentencing options. We will explore ways to mitigate these effects.
Can a cocaine charge affect my driving privileges?
Yes, a conviction results in an automatic two-year driver’s license suspension under Florida law.
Can a lawyer help get my charges reduced or dismissed?
Yes, an experienced criminal defense lawyer can challenge the evidence, negotiate plea deals, or seek alternative sentencing options.
Why Work With Our Tampa Drug Charge Defense Lawyers?
Any conviction involving drugs carries serious penalties and consequences, even after you have served your time and paid your fines. Charges involving cocaine carry significant sentences, and without the right defense attorney who knows how Tampa’s courts work, you could be facing the worst on your own. Additionally, scrutiny by potential employers, landlords, and financial institutions could make life difficult after a conviction. You might not be able to secure a job, rent a home, return to school, or qualify for loans.
As a seasoned drug charge lawyer in Tampa, Attorney Brett Metcalf brings unique insight from his time as a prosecutor at the State Attorney’s Office. This background allows him to understand prosecutorial strategies, which he uses to his clients’ advantage in all drug charge cases.
Since 2012, Brett has worked tirelessly to defend Tampa residents accused of drug-related offenses. From the outset, he strives to have charges reduced or dismissed. If the case proceeds, Brett develops a robust defense strategy, aiming for pretrial dismissal, an acquittal, or minimized penalties based on the specifics of your situation.
Brett’s dedication has resulted in numerous successes and recognition from prestigious legal organizations. He has been named a Super Lawyers Rising Star in 2018, 2019, and 2020, boasts over 90 five-star reviews, and holds a perfect 10 rating on Avvo.com.
Contact a Tampa Cocaine Defense Lawyer Today
If you’re facing cocaine-related charges in Tampa or Hillsborough County, don’t fight alone. The consequences of a conviction can be life-altering, but the right legal team can make all the difference.
Call Metcalf Falls, Criminal Defense Attorneys, P.A. at 813-258-4800 today for a free consultation and start building your defense.
