In the state of Florida, possession of marijuana over 20 grams is considered a felony offense under Florida Statute 893.13(1)(a). This charge carries serious legal consequences, and individuals facing such allegations should understand the relevant statutes, penalties, and the importance of legal representation.
Relevant Definitions and Statutes
Under Florida law, marijuana possession over 20 grams is defined as the knowing and intentional possession of cannabis in an amount greater than 20 grams. Possession can be either actual, where the marijuana is physically on the individual, or constructive, where the marijuana is within their control.
Florida Statute 893.13(1)(a) specifically outlines the offense of marijuana possession over 20 grams as a felony. The statute provides the legal framework for charging and prosecuting individuals found in possession of marijuana in excess of the specified amount.
Crime Definition
Possessing marijuana over 20 grams in Florida constitutes a felony offense. This means that individuals charged with this crime face significant legal consequences if convicted. The severity of the charge is heightened due to the large quantity of marijuana involved, indicating potential intent to distribute or engage in other illegal activities.
Penalties, Fines, and Other Consequences
The penalties for marijuana possession over 20 grams in Florida are substantial and can have long-lasting effects on the individual's life. Some potential consequences include:
1. Imprisonment: A conviction for felony marijuana possession can result in a prison sentence of up to five years or more, depending on the circumstances of the case and the defendant's criminal history.
2. Fines: In addition to imprisonment, individuals convicted of marijuana possession may face significant fines, often amounting to thousands of dollars.
3. Probation: Upon release from prison, individuals may be subject to probation, during which they must comply with certain conditions set by the court, such as drug testing, counseling, or community service.
4. Criminal Record: A felony conviction for marijuana possession can have far-reaching consequences, including difficulty obtaining employment, housing, or professional licenses.
Florida Marijuana Possession FAQs
Q: Can I be charged with marijuana possession over 20 grams if the marijuana is for personal use?
A: Yes, under Florida law, possession of marijuana in excess of 20 grams is illegal regardless of its intended use. Even if the marijuana is for personal use, possessing it in quantities greater than 20 grams constitutes a felony offense.
Q: Will I go to prison for marijuana possession over 20 grams in Florida?
A: Depending on the circumstances of the case and the defendant's criminal history, imprisonment is a possible outcome for a conviction of marijuana possession over 20 grams. The length of the prison sentence can vary based on factors such as prior convictions and mitigating circumstances.
Q: Can I avoid a felony conviction for marijuana possession over 20 grams?
A: Depending on the specifics of the case, there may be options available to mitigate the charges or seek alternative sentencing. An experienced criminal defense attorney can assess the circumstances and explore potential defense strategies to minimize the consequences.
The Criminal Case Process in Florida
The process for handling a marijuana possession over 20 grams case in Florida typically involves several key steps:
1. Arrest: The individual is arrested by law enforcement officers on suspicion of possessing marijuana over 20 grams.
2. Arraignment: The defendant appears in court to enter a plea of guilty, not guilty, or no contest to the charges.
3. Pre-Trial Proceedings: Both the prosecution and defense engage in pre-trial negotiations, including discovery, motion hearings, and plea bargaining.
4. Trial: If the case proceeds to trial, the prosecution presents evidence to prove the defendant's guilt beyond a reasonable doubt, and the defense presents arguments and evidence in support of the defendant's innocence.
5. Sentencing: If convicted, the defendant is sentenced by the court, which may include imprisonment, fines, probation, or other penalties.
Why You Need an Attorney
Having competent legal representation is crucial when facing a felony charge for marijuana possession over 20 grams in Florida. An experienced criminal defense attorney can provide invaluable assistance at each stage of the process:
1. Legal Expertise: An attorney understands the complexities of Florida's criminal laws and can navigate the legal system on behalf of the defendant.
2. Defense Strategies: A skilled attorney can develop effective defense strategies tailored to the specifics of the case, potentially leading to reduced charges or dismissal of the case.
3. Negotiation Skills: An attorney can negotiate with the prosecution to seek alternative sentencing options or plea deals that minimize the consequences for the defendant.
4. Courtroom Advocacy: In the event of a trial, an attorney can advocate for the defendant's rights and present a compelling defense to the jury.
Call Musca Law Right Now for Your FREE Consultation!
If you or someone you know is facing charges for marijuana possession over 20 grams in Florida, don't hesitate to seek legal representation. Contact Musca Law, P.A., Florida's premier criminal defense firm, for a free consultation. Our experienced attorneys are available 24/7 to provide expert guidance and advocate for your rights. Call 1-888-484-5057 to schedule your consultation today.