Facing drug charges in Florida is a serious matter, but when those charges escalate to possession with intent to sell, the consequences become even more severe. Under Florida Statute Section 893.13(1)(a), it is illegal to possess a controlled substance with the intent to sell, manufacture, or deliver it. Prosecutors often use circumstantial evidence to justify these charges, which can lead to felony convictions and harsh penalties, including significant prison time.
If you’ve been accused of possessing drugs with intent to sell in Florida, you need an experienced defense attorney to fight for your rights. Metcalf Falls, Criminal Defense Attorneys, P.A. is here to challenge the prosecution’s claims and work toward the best possible outcome in your case.
Understanding Possession with Intent to Sell in Florida
Under Florida Statute 893.13(1)(a), a person commits a felony offense if they are caught possessing any controlled substance with the intent to distribute it. The classification and penalties depend on the type of substance involved:
- Second-degree felony: If the controlled substance is listed under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5., a conviction can lead to up to 15 years in prison, 15 years of probation, and a fine of up to $10,000.
- Third-degree felony: If the controlled substance is listed under s. 893.03(1)(c), (2)(c)1.-(2)(c)10., (3), or (4), a conviction can result in up to 5 years in prison, 5 years of probation, and a fine of up to $5,000.
A conviction also results in a permanent felony record, which can impact employment, housing, and other aspects of your life.
How Does the Prosecution Prove Intent to Sell?
Unlike simple drug possession, possession with intent to sell requires the prosecution to prove that you not only had drugs in your possession but also planned to distribute them. Since there’s rarely direct evidence, prosecutors rely on circumstantial factors, such as:
- Large quantities of drugs – More than what’s considered reasonable for personal use.
- Packaging materials – Small baggies, vials, or other distribution-related items.
- Scales or measuring tools – Indicating that drugs were being divided for sale.
- Large amounts of cash – Especially in small denominations.
- Weapons – Often linked to drug trafficking cases.
- Witness testimony – Informants or undercover officers claiming they were offered drugs.
If none of these factors are present, the prosecution may struggle to prove intent, which could lead to a dismissal or reduction of charges.
Can I Defend Against Possession with Intent to Sell Charges in Florida?
You have every right to defend against criminal charges, especially if you have been accused of possessing illicit substances with the intent to sell. You are innocent until you have been proven guilty, and the prosecutor must show you are guilty beyond a shadow of a doubt.
At Metcalf Falls, Criminal Defense Attorneys, P.A., we build strong defenses based on the facts of your case. Common defense strategies include:
Challenging the Evidence
- If the drugs were for personal use, not for sale, we can argue that the charge should be reduced to simple possession.
- The lack of packaging materials, cash, or weapons can weaken the prosecution’s case.
Unlawful Search and Seizure
- If law enforcement conducted an illegal stop, search, or arrest, any evidence they obtained could be thrown out in court.
- We review whether the police had probable cause or a valid search warrant.
Entrapment
- If undercover officers or informants pressured you into making a drug sale, it could be considered entrapment.
- This defense is especially relevant if law enforcement induced the crime.
Lack of Knowledge
- If you were unaware that drugs were in your possession, we can argue you did not knowingly commit a crime.
- This often applies in cases where drugs are found in shared vehicles, homes, or luggage.
Proving Lawful Possession
- If the drugs were prescribed to you legally or belonged to someone else with a prescription, you may have a valid defense.
Our goal is to get charges dropped, reduced, or dismissed through strategic legal arguments and pre-trial motions.
Penalties for Possession with Intent to Sell in Florida
The penalties for possession with intent to sell depend on the type of drug and the circumstances of the case:
In Florida, drug possession charges vary based on the type of drug and the amount involved.
Possessing cocaine, meth, or heroin is considered a second-degree felony, carrying a maximum sentence of up to 15 years in prison.
Meanwhile, possessing MDMA (Ecstasy) or prescription opioids without a valid prescription is a third-degree felony, which can result in up to 5 years in prison. Similarly, possessing more than 20 grams of marijuana is also classified as a third-degree felony, with a potential sentence of up to 5 years behind bars.
Additional penalties may include:
- Driver’s license suspension
- Substantial fines
- Mandatory drug treatment programs
- Probation and community service
- Forfeiture of assets linked to drug sales
A conviction also leads to a permanent criminal record, making it difficult to secure housing, jobs, or professional licenses.
Why You Need a Tampa Criminal Defense Attorney Now
A possession with intent to sell charge in Florida is not something you should face alone. Prosecutors aggressively pursue these cases, often pushing for the harshest penalties. Hiring a skilled Florida drug crimes defense attorney is your best chance at reducing or dismissing the charges.
At Metcalf Falls, Criminal Defense Attorneys, P.A., we will:
- Review the evidence to challenge weak or circumstantial claims.
- File motions to suppress illegally obtained evidence.
- Negotiate with prosecutors to seek lesser charges.
- Defend your rights aggressively in court.
FAQs About Possession with the Intent to Sell in Florida
Can I Be Charged with Possession with Intent to Sell Even if No Sale Occurred?
Yes. In Florida, you don’t have to be caught selling drugs to face possession with intent to sell charges. Prosecutors can rely on circumstantial evidence—such as the quantity of drugs, packaging materials, or the presence of large amounts of cash—to argue that you intended to distribute the substance. Even if you had no actual plans to sell, law enforcement can still charge you based on these factors.
Does a Possession with Intent to Sell Charge Always Lead to Jail Time?
Not necessarily. While these charges are serious felonies that can result in prison time, an experienced defense attorney may be able to negotiate reduced charges, alternative sentencing, or even dismissal. Options such as probation, drug court, or pretrial diversion programs may be available, depending on your case details, criminal history, and the strength of the prosecution’s evidence.
Can a Possession with Intent to Sell Conviction Be Expunged from My Record?
In most cases, no. Florida law prohibits the expungement or sealing of felony drug convictions, including possession with intent to sell. However, if the charges are dismissed or you are acquitted, you may be eligible to have your record expunged or sealed. A knowledgeable criminal defense attorney can help determine whether you qualify for record relief.
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. You shouldn’t let one conviction ruin your future, especially if you didn’t make an illicit sale. 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.
Arrested for Possession with Intent to Sell? Contact Us Today.
If you or a loved one has been charged with possession with intent to sell in Florida, don’t wait to seek legal help. The sooner you act, the better your chances of building a strong defense.
Call us today at (813) 258-4800 for a free consultation. Our attorneys are ready to fight for your rights and help you navigate the legal system.
