In the State of Florida, it is illegal to:

• Sell fentanyl
• Deliver fentanyl
• Manufacture fentanyl
• Possess fentanyl with intent to sell
• Possess fentanyl with intent to deliver
• Possess fentanyl with intent to manufacture

Penalties for Sale or Delivery of Fentanyl

The charge of Sale or Delivery of Fentanyl is a second degree felony in Florida, punishable by up to:

• 15 years in prison,
• 15 years of probation
• A $10,000 fine, and
• A 6-month driver’s license suspension
• Suspension of any State-issued professional license

According to Florida's drug laws, a conviction of Sale or Delivery of Fentanyl will result in the DHSMV suspending your driver’s license or driving privileges for six months. In addition, the State of Florida will suspend any professional license you have that allows you to practice a profession or trade, and was issued by the State of Florida.

Under Florida’s Criminal Punishment Code, the Sale or Delivery of Fentanyl is considered a level 5 criminal offense. You can use our Florida Felony Sentencing Calculator to find out the mandatory minimum sentence for any felony fentanyl charges.

Fighting Sale or Delivery of Fentanyl in Florida

At Aaron Delgado & Associates, our experienced drug crime lawyers can help you fight sale and delivery of fentanyl charges. There are a few possible defenses your attorney may be able to take, including:

• Constructive Possession
• Illegal Search and Seizure
• Lack of Knowledge
• Personal Use

Constructive Possession of Fentanyl

If the fentanyl was found in a place that at least one other person was able to access, it would be considered “constructive” possession. With constructive possession, before you are able to be convicted of Sale or Delivery of Fentanyl, the prosecutor must prove that you had (1) knowledge of the fentanyl’s presence, and (2) dominion and control over the fentanyl.

Depending on your situation, your lawyer may be able to argue that the prosecutor failed to meet the burden of proof for constructive sale or delivery of fentanyl.

Illegal Search and Seizure

Often enough, law enforcement officers coerce or illegally require a person to submit to a search. If your lawyer can prove that the evidence against you was obtained illegally, they will be able to suppress it.

Your lawyer may also be able to suppress evidence against you if a search warrant was issued in bad faith or if you were arrested without probable cause.

Lack of Knowledge

If you did not know about the fentanyl, you may be able to escape the charge for sale or delivery. However, you will need to testify about your lack of knowledge regarding the illegal nature of the substance.

Personal Use

If your defense against selling, delivering, manufacturing, or intending to sell, deliver, or manufacture fentanyl is that the fentanyl was for personal use, the State will have to provide evidence demonstrating that your possession was inconsistent with “personal” possession. They may do this by presenting evidence of:

An “abnormal” amount of fentanyl Bundled money Weighing scales Ledgers Distribution paraphernalia

Contact Drug Crime Lawyers Aaron Delgado & Associates

If you or a loved one have been charged with Sale or Delivery of Fentanyl in Daytona Beach or the surrounding areas, please do not hesitate to give us a call. Our drug 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 lawyer and find out how we may be able to help you fight your Sale or Delivery of Fentanyl charges.

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