Heroin is a Schedule I controlled substance in Florida, which is illegal to possess in any quantity. Possessing up to 4 grams of heroin is a third degree felony.
Heroin is a highly addictive substance that is not currently accepted as a lawful medical treatment in any way in either the State of Florida or the United States.
Possessing 4 or more grams of heroin is considered trafficking, and will be prosecuted as Trafficking in Heroin. A trafficking charge does not require all 4 or more grams to be pure heroin; as long as the mixture weighs more than 4 grams and contains some amount of heroin, you can be charged with trafficking heroin in Florida.
Possession of up to 4 grams of heroin is a third degree felony in Florida, punishable by up to:
According to Florida drug crime laws, a Possession of Heroin conviction will result in your driver’s license or driving privilege being suspended for six months. Under Florida’s Criminal Punishment Code, possession of heroin is a level 3 offense. You can use our Florida Felony Sentencing Calculator to find out the mandatory minimum sentence for any felony heroin possession charge.
At Aaron Delgado & Associates, our drug attorneys are skilled at defending possession of heroin charges. There are numerous possible defenses for heroin possession that we may be able to take, such as:
If the heroin was found somewhere that at least one other person could access, it would fall under the law of constructive possession. With constructive possession, the prosecutor must meet a burden of proof before you can be convicted of possession of heroin. The prosecutor has to prove that you had (1) knowledge of the heroin’s presence, and (2) dominion and control over the heroin.
There are numerous scenarios where our drug crime lawyers are able to argue that the prosecutor failed to meet the burden of proof for constructive possession of heroin in Florida.
Unfortunately, law enforcement may coerce or illegally require a person to submit to a body, vehicle, and/or home search. If your drug crime lawyer is able to prove that the evidence against you was obtained as a result of an illegal search and seizure, the court will suppress the evidence from the search.
You may also be able to suppress evidence if your initial arrest was done without probable cause or if an officer obtained a search warrant of your person or property in bad faith.
If your drug crime lawyer is able to prove that you did not know you were in possession of heroin, you may be able to get out of the charge. But before you can get out of the charge, you will need to testify to your lack of knowledge about the substance’s illegal nature.
You will be able to use the legal disposal defense for possession of heroin if the following items are true:
If you needed or were assisting someone who was in need of medical assistance for a drug-related overdose, and your lawyer can prove that the evidence against you was obtained as a result of that need for medical assistance, you will be immune from being prosecuted for possession of heroin.
If you are briefly in possession of heroin—without taking ownership, complete dominion, and control over the heroin—you are not legally “in possession” of it.
You might be temporarily in possession of heroin if someone asked you to hide it for them during a police encounter; if you temporarily held the heroin to test it before a drug dealer purchased it; or if you passed the heroin between the owner and a third person.
If you or a loved one have been charged with possession of heroin in Daytona Beach or the surrounding areas, do not hesitate to give us a call. Our criminal defense attorneys are here for you 24/7, 365 days a year. Call us today at 386-222-6677 to schedule your free consultation with an experienced Daytona Beach drug crime lawyer and find out how we may be able to help you fight a possession of heroin charge.