In the State of Florida, it is illegal to:

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

Penalties for Sale or Delivery of Cocaine

The charge of Sale or Delivery of Cocaine 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 Cocaine 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 Cocaine 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 cocaine charges.

Fighting Sale or Delivery of Cocaine in Florida

At Aaron Delgado & Associates, our drug crime lawyers are skilled at defending sale and delivery of cocaine 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 Cocaine

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

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 cocaine.

Illegal Search and Seizure

Often enough, law enforcement officers coerce or illegally require a person to submit to a search of their person, vehicle, or possessions. If your drug attorney is able to prove that the evidence against you was obtained illegally, the evidence can be suppressed.

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 are able to prove that you did not know about the cocaine, you may be able to escape the charge. However, you will need to testify to your lack of knowledge about the illegal nature of the substance.

Personal Use

If you claim that the cocaine 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 cocaine
• 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 Cocaine in Daytona Beach or the surrounding areas, please do not hesitate to give us a call. Our drug crime lawyers 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 your charges.