Our law firm’s Delray Beach FL criminal defense lawyer, Christian Van Riper, discusses Delray Beach cocaine trafficking charges. Most of Florida’s drug charges result in mandatory or minimum sentences that involve prison.
COCAINE TRAFFICKING PENALTIES IN PALM BEACH COUNTY, FLORIDA
Cocaine is labeled as a schedule I substance, meaning it has a high potential for abuse and is not currently accepted for medical use in the U.S. See Florida Statutes Section 893.01.
The charges for trafficking cocaine are as follows:
- 28-199 grams: 3 years in prison and a $50,000 fine.
- 200-399 grams: 7 years in prison and $100,000 in fines.
- 400 grams to 15 kg: A minimum of 15 years in prison and $250,000 fines.
- More than 150 kg or more may result in life in prison with no option for early release.
It is important to note that under Florida Statute 893.135(6) the weights above include the total weight of the cocaine itself and the weight of any mixing agent or material.
DETERMINING IF THE COCAINE CHARGE IS A FELONY
The way a case is charged depends on the circumstances regarding the weight of the substances and by evaluating factors around the discovery, such as:
- The amount of money and denominations of bills found on your person at the time of your arrest.
- The presence of any scales.
- The presence and size bags oftentimes used with cocaine distribution.
- The presence of any weapons at the time of your arrest.
WHAT THE PALM BEACH COUNTY FLORIDA PROSECUTOR MUST PROVE FOR A COCAINE TRAFFICKING CONVICTION
The Assistant State Attorney trying your case must prove the case before a jury at the Palm Beach County Courthouse. Criminal cases, such as drug trafficking, are not heard at the Delray Beach, Florida Courthouse. To prove the crime of cocaine trafficking, the Prosecutor must prove the following:
That you knowingly:
- brought into Florida; or
- possessed a certain substance.
That the substance you sold, purchased, manufactured, delivered, brought into Florida or possessed was cocaine; and
The cocaine (including any mixing agent or material) weighed more than 28 grams.
If the prosecutor is able to prove these elements beyond a reasonable doubt you, you may be convicted of cocaine trafficking and face the mandatory time in prison sentences mentioned above.
Call our Delray Beach FL drug trafficking criminal defense lawyer, Christian Van Riper, for free day or night. Christian is a former prosecutor. He will strive to outwork the prosecutor and fight for your rights under the law. Call Christian 24/7 at 561-948-5588 for free to discuss further West Palm Beach cocaine trafficking charges, strategies, and defenses.