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

According to Florida Statute 893.135(1)(c)(1), the crime of Trafficking in Heroin has been committed when a person knowingly possesses, sells, purchases, manufactures, delivers, or transports 4 or more grams of Heroin.

Heroin Trafficking Thresholds

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

• 4 to 14 grams of Heroin;
  • 3 years prison / $50,000 fine
• 14 to 28 grams of Heroin;
  • 15 years prison / $100,000 fine
• 28 to 30 kilograms of Heroin;
  • 25 years prison / $500,000 fine
• 30 kilograms or more of Heroin;
  • Life in prison / $500,000 fine

Penalties for Trafficking in Heroin

Heroin Trafficking is considered a First Degree Felony and, depending on the amount of Heroin 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 4 to 14 grams of Heroin
If a person is convicted of Trafficking in 7 grams or more, but less than 14 grams of Heroin, 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 14 to 28 grams, of Heroin
If a person is convicted of Trafficking in 14 grams or more, but less than 28 grams of Heroin, 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 $100,000 fine.

Trafficking in 28 grams to 30 kilograms of Heroin
If a person is convicted of Trafficking in 28 grams or more, but less than 30 kilograms of Heroin, 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 25 years in prison and a $500,000 fine.

Trafficking in 30 kilograms or more of Heroin
If a person is convicted of Trafficking in 30 kilograms or more of Heroin, 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 life in prison and a $500,000 fine.

Suspension of Driver's License

According to Florida Statute 322.055, an individual convicted of Heroin 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 Heroin Trafficking will be subject to the immediate suspension of any Florida Professional License that authorizes the practicing of a profession or trade.

Heroin 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 Heroin with the intent to traffic in one of two ways:

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

Constructive Possession
If the Heroin was found in a place where multiple people had access, the prosecutor would have a much harder time proving you possessed the Heroin 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 Heroin is present;
2. Knowledge that the substance was Heroin; and
3. Dominion and control over the Heroin.

Alternate/Street Names for Heroin

• Black tar
• Black pearl
• Brown sugar
• The dragon
• H
• Horse
• Junk
• Smack
• White lady

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

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