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Trafficking in Heroin

Pursuant to Florida Statute 893.135(1)(c) any person who knowingly sells, purchases, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of, 4 grams or more of any morphine, opium, oxycodone, hydrocodone, hydromorphone, or any salt, derivative, isomer, or salt of an isomer thereof, including heroin, or 4 grams or more of any mixture containing any such substance, but less than 30 kilograms of such substance or mixture, commits a felony of the first degree, which felony shall be known as “trafficking in illegal drugs.” 

Heroin is morphine, opium, oxycodone, hydrocodone, hydromorphone or heroin.

Elements

To prove the crime of Trafficking in Heroin, the State must prove the following three elements beyond a reasonable doubt:

  1. The accused knowingly sold, purchased, manufactured, delivered, brought into Florida, or possessed a certain substance.
  2. The substance was morphine, opium, oxycodone, hydrocodone, hydromorphone or heroin or a mixture containing morphine, opium, oxycodone, hydrocodone, hydromorphone, or heroin.
  3. The morphine, opium, oxycodone, hydrocodone, hydromorphone, or heroin or a mixture containing morphine, opium, oxycodone, hydrocodone, hydromorphone, or heroin weighed 4 grams or more.

 Penalties

The sentencing guidelines for drug trafficking charges are harsh and severe. Drug trafficking is a first degree felony, punishable by up to 30 years in Florida State Prison.  Florida imposes minimum-mandatory prison sentences and fines for people convicted of Trafficking in Heroin based upon the weight of the mixture containing Heroin.  Under Florida law, only the Office of the State Attorney can agree to waive the minimum-mandatory sentencing requirements.

Heroin (the following represent “Trafficking in heroin”, all of which are First Degree Felony Charges):

Charge

Mandatory Minimum Sentence

4 grams or more, but less than 14 grams

3 Years + $50,000 fine

14 grams or more, but less than 28 grams

15 Years + $100,000 fine

28 grams or more, but less than 30 kilograms

25 Years + $500,000 fine

There are many possible defences to the charge of Trafficking in Heroin.  For more information on these possible defenses read Defense to a Drug Charge.

For a free consultation to see how David J. Sobel can defend you, contact Mr. Sobel at 954-383-3000.  You will be able to speak directly with Mr. Sobel 24/7.