H1: Heroin Charges Lawyer in Tampa, FL
Facing heroin charges in Tampa or Hillsborough County can have life-altering consequences. Florida law imposes severe penalties for possession, trafficking, and distribution of heroin, which can include lengthy prison sentences, steep fines, and a permanent criminal record. If you’ve been arrested for a heroin-related offense, it’s crucial to have an experienced defense attorney on your side to protect your rights and build a strong defense.
At Metcalf Falls, Criminal Defense Attorneys, P.A., we understand the complexities of Florida drug laws and have the experience needed to fight heroin charges effectively. Call (813) 213-4800 for a free consultation and start building your defense today.
What is Considered a Heroin Charge in Florida?
Heroin is classified as a Schedule I controlled substance under Florida Statute § 893.03, meaning it has no accepted medical use and a high potential for abuse. Schedule I drugs carry the most severe punishments.
Under Florida law, individuals can face heroin-related charges for:
- Possession – Having any amount of heroin for personal use.
- Trafficking – Possessing or distributing larger quantities of heroin.
- Intent to Distribute – Possessing heroin with the intent to sell or distribute.
- Manufacturing – Producing or preparing heroin for distribution.
Even a small amount of heroin possession can lead to felony charges, making it essential to seek legal representation immediately.
Florida Heroin Laws & Penalties
Under Florida Statute § 893.135, heroin-related offenses carry harsh penalties. These sentences are based on the quantity of heroin involved and the nature of the offense.
Possession of Heroin – § 893.13(6)(a)
Possessing any amount of heroin is a third-degree felony punishable by:
- Up to 5 years in prison
- Fines of up to $5,000
- Driver’s license suspension for one year
- Probation and mandatory drug counseling
If you’re found with 4 grams or more, the charge may be upgraded to trafficking, resulting in more severe penalties.
Heroin Trafficking – § 893.135(1)(c)
Trafficking charges apply if you are caught with 4 grams or more of heroin or a mixture containing heroin. The penalties increase depending on the quantity:
4 to 13 grams:
- Minimum 3 years in prison
- $50,000 fine
14 to 27 grams:
- Minimum 15 years in prison
- $100,000 fine
28 grams to 30 kilograms:
- Minimum 25 years in prison
- $500,000 fine
Possession of 30 kilograms or more of heroin can result in life imprisonment without the possibility of parole.
Intent to Distribute Heroin – § 893.13(1)(a)
If law enforcement believes heroin in your possession was meant for sale, you may be charged with intent to distribute, a second-degree felony punishable by:
- Up to 15 years in prison
- Fines of up to $10,000
- Probation and mandatory drug treatment programs
Can I Defend Against Tampa Heroin Charges?
A skilled criminal defense attorney can challenge the prosecution’s case and work to reduce or dismiss the charges against you. Some potential defenses include:
Lack of Knowledge
If you were unaware of the heroin’s presence, you may have a valid defense. The prosecution must prove that you knowingly possessed the drug.
Unlawful Search and Seizure
If law enforcement violated your Fourth Amendment rights during a search or seizure, any evidence obtained may be inadmissible in court.
Constructive Possession
To convict you of heroin possession, the prosecution must prove you had control over the drug. If heroin was found in a shared space, this could weaken their case.
Entrapment
If you were coerced into possessing or selling heroin by law enforcement, entrapment may be a viable defense strategy.
Chain of Custody Issues
Errors in how evidence was handled or documented could result in the dismissal of charges if the integrity of the evidence is compromised.
Why Choose Metcalf Falls, Criminal Defense Attorneys, P.A.?
When facing heroin charges in Hillsborough County, you need a dedicated legal team with the experience and resources to fight aggressively for your rights. At Metcalf Falls, Criminal Defense Attorneys, P.A., we offer:
- Experienced Defense: Extensive experience handling drug crime cases in Tampa and throughout Florida.
- Personalized Strategies: Each case is unique, and we tailor our defense approach to your specific circumstances.
- Aggressive Representation: We work tirelessly to challenge the prosecution’s evidence and negotiate the best possible outcome.
Our goal is to protect your future by minimizing the impact of these charges.
FAQs About Florida Heroin Charges
What happens if I’m caught with heroin in Tampa?
If you are arrested for heroin possession, you could face felony charges, leading to prison time, fines, and a permanent criminal record. It’s crucial to contact a defense attorney immediately.
Can I avoid jail time for a heroin possession charge?
First-time offenders may be eligible for diversion programs, probation, or rehabilitation instead of jail. Your attorney can help explore these options.
Is heroin possession always a felony in Florida?
Yes, heroin possession is classified as a third-degree felony, regardless of the amount, with penalties including prison time and fines.
What if I was charged with trafficking but only had heroin for personal use?
Trafficking charges are based on the quantity of heroin found. A strong legal defense can argue against intent to distribute and potentially reduce the charge.
How does a heroin conviction affect my future?
A conviction can impact your ability to secure employment, housing, and educational opportunities. It can also result in losing your driver’s license and eligibility for certain government programs.
Can heroin charges be dropped?
Yes, charges can be dropped if there is insufficient evidence, violations of your rights, or if you agree to participate in a rehabilitation program.
Should I talk to the police after an arrest?
No. It’s best to remain silent and request an attorney before speaking with law enforcement to avoid self-incrimination. You can cooperate by offering your name, but keep your answers minimal.
How can an attorney help with my heroin case?
A skilled lawyer can challenge evidence, negotiate plea deals, and represent you in court to achieve the best possible outcome.
What should I do if I’m arrested for heroin possession in Tampa?
Remain calm, exercise your right to remain silent, and contact an experienced criminal defense lawyer immediately.
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. When you’re facing heroin charges on your own, you could be facing the worst possible outcome. 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 Heroin Defense Lawyer Today
If you’ve been arrested for heroin possession, trafficking, or distribution in Tampa or Hillsborough County, don’t face these charges alone. The consequences of a conviction are severe, but with the right defense, you may be able to avoid the harshest penalties.
Call Metcalf Falls, Criminal Defense Attorneys, P.A. at (813) 258-4800 today for a free consultation and take the first step toward protecting your rights and future.
