Cocaine Trafficking - Aaron Delgado & Associates

Cocaine Trafficking Lawyers

Cocaine Trafficking convictions impose strict mandatory minimum prison sentences and hefty fines in the state of Florida.

According to Florida Statute 893.135(1)(b), the crime of Trafficking in Cocaine has been committed when a person knowingly possesses, sells, purchases, manufactures, delivers, or transports 28 or more grams of Cocaine.

Cocaine Trafficking Thresholds

If someone is apprehended trafficking in Cocaine, the minimum punishments they face are determined by the below Cocaine trafficking thresholds:

  • 28 to 199 grams of Cocaine;
    • 3 years prison / $50,000 fine
  • 200 to 399 grams of Cocaine;
    • 7 years prison / $100,000 fine
  • 400 grams to 149 kilograms of Cocaine;
    • 15 years prison / $250,000 fine

Penalties for Trafficking in Cocaine

Cocaine Trafficking is considered a First Degree Felony and, depending on the amount of Cocaine confiscated, is assigned either a Level 8 or a Level 9 offense severity ranking under Florida’s Criminal Punishment Code.

Under Florida law the minimum sentences are determined based on whether you are convicted of:

Trafficking in 28 to 199 grams of Cocaine
If a person is convicted of Trafficking in 28 grams or more, but less than 199 grams of Cocaine, a judge can potentially impose a maximum sentence of thirty years in prison. At a minimum, the judge will be required to impose a mandatory sentence of 3 years in prison and a $50,000 fine.

Trafficking in 200 to 399 grams, of Cocaine
If a person is convicted of Trafficking in 200 grams or more, but less than 399 grams of Cocaine, a judge can potentially impose a maximum sentence of thirty years in prison. At a minimum, the judge will be required to impose a mandatory sentence of 7 years in prison and a $100,000 fine.

Trafficking in 400 grams to 149 kilograms of Cocaine
If a person is convicted of Trafficking in 400 grams or more, but less than 149 kilograms of Cocaine, a judge can potentially impose a maximum sentence of thirty years in prison. At a minimum, the judge will be required to impose a mandatory sentence of 15 years in prison and a $250,000 fine.

Suspension of Driver's License

According to Florida Statute 322.055, an individual convicted of Cocaine Trafficking will have their driver’s license suspended for six months by the Florida DHSMV.

Professional License Suspension

According to Florida Statute 893.11, an individual convicted of Cocaine Trafficking will be subject to the immediate suspension of any Florida Professional License that authorizes the practicing of a profession or trade.

Cocaine Trafficking Defenses

Entrapment
Entrapment takes place when an undercover officer or confidential informant induces a person to commit a criminal act that the person would likely not have committed otherwise. If it can be proven that you were entrapped, a judge can dismiss all charges levied against you.

Illegal Search and Seizure
In many instances, police go beyond the scope of their authority and make people submit to vehicular, home, or body searches; or coerce a person into agreeing to a search. If it can be proven that either instance occurred, the judge will suppress the resulting evidence, since it was obtained illegally.

Insufficient Evidence
The prosecution can only prove you were in the possession of Cocaine with the intent to traffic in one of two ways:

Actual Possession
In order to prove that you actually possessed Cocaine, the prosecutor needs to show evidence that the Cocaine was found on your person.

Constructive Possession
If the Cocaine was found in a place where multiple people had access, the prosecutor would have a much harder time proving you possessed the Cocaine since they would be required to comply with the law of constructive possession.

Constructive possession necessitates that the prosecutor prove each of three distinct elements before you can be convicted:

  1. Knowledge that the Cocaine is present;
  2. Knowledge that the substance was Cocaine; and
  3. Dominion and control over the Cocaine.

Alternate/Street Names for Cocaine

  • Coke
  • Blow
  • Snow
  • Powder
  • Stash
  • Pearl
  • White

If you or someone you know has been arrested for Cocaine Trafficking and needs legal assistance, please call us at 386-222-6677 so we can promptly begin defending your case.

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