Being charged with fentanyl-related offenses in Tampa or Hillsborough County can have severe legal consequences. Fentanyl is classified as a Schedule II controlled substance in Florida due to its high potential for abuse and severe health risks. Whether you are facing charges for possession, trafficking, or intent to distribute, the penalties can include lengthy prison sentences, steep fines, and a permanent criminal record. If you are facing fentanyl charges, securing a knowledgeable defense attorney is crucial to protecting your rights and building a strong defense.
At Metcalf Falls, Criminal Defense Attorneys, P.A., we understand how law enforcement and prosecutors handle fentanyl cases. We have the experience and resources to fight for your best possible outcome. Call 813-258-4800 today for a free consultation.
What is Considered Fentanyl Possession in Florida?
Florida law treats fentanyl possession with strict penalties due to its potency and association with overdose deaths. According to Florida Statute § 893.03, fentanyl is categorized as a controlled substance, and possessing even small amounts can result in felony charges. Possession of fentanyl includes having the drug on your person, in your vehicle, or in your home, whether you were aware of it or not.
Prosecutors may charge individuals with possession if they are found with:
- Powdered fentanyl
- Fentanyl-laced pills
- Transdermal patches
- Any substance containing fentanyl derivatives
Florida Fentanyl Laws & Penalties
Under Florida Statute § 893.135, fentanyl charges carry mandatory minimum sentences based on the amount of the substance involved:
Possession of Fentanyl
Possessing any amount of fentanyl is a third-degree felony, punishable by:
- Up to 5 years in prison
- Fines up to $5,000
- Driver’s license suspension for 6 months
Trafficking in Fentanyl – § 893.135(4)
Trafficking charges apply when an individual possesses or distributes specific quantities of fentanyl, leading to severe mandatory sentences:
4 grams or more but less than 14 grams:
- Minimum 7 years in prison
- $50,000 fine
14 grams or more but less than 28 grams:
- Minimum 20 years in prison
- $100,000 fine
28 grams or more:
- Minimum 25 years in prison
- $500,000 fine
A conviction for fentanyl trafficking results in a first-degree felony, which can also include additional penalties, such as forfeiture of assets and lifetime criminal records.
Fentanyl Manufacturing Charges in Tampa
Producing, mixing, or preparing fentanyl for distribution is another first-degree felony. Charges may include additional offenses related to the possession of manufacturing equipment or precursor chemicals.
Penalties for Fentanyl Manufacturing:
- Up to 30 years in prison.
- Fines of up to $10,000.
Possession with Intent to Distribute Fentanyl in Florida
If law enforcement finds evidence suggesting that you intended to distribute fentanyl, such as large quantities, packaging materials, or scales, the charges will escalate to a second-degree felony.
Penalties for Possession with Intent to Distribute:
- Up to 15 years in prison.
- Fines of up to $10,000.
- Additional penalties for distribution near schools, parks, or other protected areas.
Defending Against Fentanyl Charges in Tampa
A strong defense against fentanyl charges requires a strategic approach tailored to the facts of your case. Common defenses include:
Unlawful Search and Seizure
Law enforcement officers must follow strict procedures when conducting searches. If they obtained evidence without a proper warrant or probable cause, your attorney can file a motion to suppress the evidence.
Lack of Knowledge
To secure a conviction, prosecutors must prove you knew about the presence of fentanyl. If the drugs were found in a shared space, such as a car or home, we can argue that you were unaware of their existence.
Entrapment
If you were pressured or coerced into possessing fentanyl by law enforcement or informants, entrapment may be a viable defense. This can occur when police manipulate individuals into committing crimes they would not have otherwise committed.
Insufficient Evidence
The prosecution must establish beyond a reasonable doubt that you knowingly possessed or trafficked fentanyl. Weak or circumstantial evidence may lead to reduced charges or dismissal.
Legal Use or Prescription
In some cases, you could have a legitimate prescription for fentanyl. If you were legally prescribed fentanyl for medical purposes, this defense could be used to challenge the charges.
Why Choose Metcalf Falls, Criminal Defense Attorneys, P.A.?
Facing fentanyl charges in Hillsborough County requires an aggressive legal team that understands the complexities of Florida drug laws. At Metcalf Falls, we offer:
- Extensive Experience: Our attorneys have years of experience handling serious drug charges in Tampa.
- Personalized Defense Strategies: We tailor our approach to the unique circumstances of your case.
- Aggressive Advocacy: We fight tirelessly to minimize penalties or seek case dismissals.
We will analyze every aspect of your case to build the strongest defense possible and ensure your rights are protected at every stage.
FAQs About Florida Fentanyl Charges
What if I was unaware fentanyl was in my possession?
If you did not know fentanyl was present, your attorney may argue that you lacked the necessary intent to commit the crime, potentially leading to a reduced or dismissed charge.
Can I face trafficking charges for possessing a small amount of fentanyl?
Yes. Florida law sets strict weight-based thresholds, and possessing as little as 4 grams can lead to a trafficking charge with mandatory prison time.
What happens if I have a prior drug conviction?
Prior convictions can enhance sentencing, leading to harsher penalties, including longer prison terms and higher fines. A skilled attorney can help challenge enhancements.
Will I go to jail for a first-time fentanyl possession charge?
First-time offenders may have options such as diversion programs or probation, but the outcome depends on the case details and the defense strategy your attorney employs.
Can fentanyl charges be reduced or dismissed?
Yes, with the right defense, charges may be reduced to lesser offenses or dismissed if there are procedural errors, insufficient evidence, or other mitigating factors.
How does a fentanyl conviction affect my future?
A conviction can impact your job prospects, housing applications, and professional licenses. It may also lead to mandatory treatment programs and monitoring.
What should I do if I’m arrested for fentanyl in Tampa?
Remain silent and contact an experienced criminal defense attorney immediately. Avoid discussing your case with law enforcement without legal representation.
Can I get my fentanyl charges expunged?
Depending on the case outcome and your criminal history, expungement or record sealing may be an option. Your attorney can evaluate your eligibility and guide you through the process.
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. Fentanyl possession and use have come into the national spotlight, 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.
Get Help From a Tampa Fentanyl Charges Lawyer Today
If you are facing fentanyl possession or trafficking charges in Tampa or Hillsborough County, you need an aggressive defense attorney to protect your rights and future.
Call Metcalf Falls, Criminal Defense Attorneys, P.A. at 813-258-4800 to schedule your free consultation and explore your legal options.
