Oxycodone Trafficking Defense Lawyers in Florida
How to Beat a Florida Drug Traffic Charge
Oxycodone is a potent drug used as a pain reliever, and is available only with a valid prescription because it is addictive and dangerous if abused. Doctors typically prescribe oxycodone to treat moderate to severe pain for patients with various medical conditions such as cancer, people who are recuperating from surgery, and for those who have severe pain where other medications do not work.
Oxycodone is classified as an opiate analgesic, and, as such, is a narcotic. Opiates interfere with the brain’s connection with a person’s central nervous system. Consequently, people feel less or no pain while the drug is in effect. The interference with the body’s central nervous system causes suppression of pulmonary function when a person takes a higher dose than that to which the body is accustomed. As a result, people may suffer a seizure and could stop breathing when they overdose on opioid-based drugs.
Oxycodone is sold under various brand names, which include OxyContin, among others. Drugs like Percocet combine oxycodone with acetaminophen to treat pain, whereas Percodan is oxycodone mixed with aspirin. Oxycodone may be dispensed in liquid form, extended-release tablets, or in a pill.
Oxycodone Trafficking in Florida
Trafficking in Oxycodone in Florida is an extremely serious criminal offense, and the penalties are similar to the penalties for trafficking in heroin or cocaine. Unlawfully possessing only a few pills could cause a person to face trafficking charges because the entire mixture of the drug determines the weight of the drug under Florida’s drug trafficking laws. So, possessing only a few pills that weigh seven grams or more qualifies for a trafficking charge, even if other legal substances, like acetaminophen, combine with Oxycodone in the pill or tablet. The penalties for trafficking Oxycodone, including minimum-mandatory sentences, increase significantly as the weight of the drug increases.
Trafficking in Oxycodone is a complex criminal charge that requires representation by attorneys dedicated to protecting their clients’ rights and are solely concerned with achieving a favorable outcome for their clients. At Musca Law, Florida Oxycodone Trafficking Defense Lawyers are ready to defend their clients aggressively Musca Law’s Florida Oxycodone Trafficking Defense Attorneys understand that possessing only a few pills, even if the amount exceeds seven grams, is more likely to be a sign of drug addiction rather than evidence of a nefarious drug trafficker. The Florida Oxycodone Trafficking Defense Attorneys with Musca Law help their clients battle their legal issues while also helping with their clients’ struggles with substance misuse. Calling Musca Law today and speaking with an experienced Oxycodone Trafficking Defense Lawyer at (888) 484-5057 is the first step to protecting your rights and preserving your precious livelihood and freedom.
Florida Oxycodone Trafficking Laws
Section 893.135 of the Florida Statutes provides the threshold weight for Oxycodone trafficking as well as the minimum-mandatory penalties that a person must serve, if convicted. Section 893.135(c)(3) states that a person who possession, either actually or constructively, or who purchases, sells, brings into the state, or distributes seven or more grams of Oxycodone, is guilty of trafficking in Oxycodone, which is a first-degree felony. The maximum prison sentence associated with a conviction for a first-degree felony in Florida is 30 years. However, the weight of the Oxycodone will determine the minimum-mandatory prison sentence as well as the fine a judge must impose.
Section 893.135(c)(3) divides trafficking threshold weights into four categories: seven to fourteen grams, fourteen grams to 25 grams, 25 grams to 100 grams, and 100 to 30 kilograms. A conviction for the first level of trafficking requires the offender to serve a three-year minimum-mandatory prison sentence and pay a fine totaling $50,000.00. A conviction for trafficking in fourteen to 25 grams of Oxycodone is a seven-year minimum-mandatory sentence accompanied by a $100,000.00 fine. Trafficking in Oxycodone from 25 grams to 100 grams is a fifteen-year minimum-mandatory prison term coupled with a $500,000.00. Finally, trafficking Oxycodone weighing 100 grams to 30 kilograms is a 25-year minimum prison term with a $750,000.00 fine. Trafficking any drug over 30 kilograms is a life felony and is ineligible for early release, and a conviction of trafficking in 60 kilograms or more is a capital felony.
Convictions for trafficking Oxycodone in Florida carry other possible legal problems as well. A conviction for a serious drug offenses like trafficking Oxycodone has potential adverse immigration-related consequences. Additionally, a person convicted of Oxycodone trafficking in Florida could have their license revoked, and will face suspension of their professional license as well.
Defenses to Oxycodone Trafficking in Florida
Defenses for Oxycodone trafficking in Florida vary and the factual scenario that gave rise to the charges will dictate some of the defenses that can be raised. Thoroughly discussing the case with a knowledgeable and savvy Oxycodone trafficking defense lawyer will help devise a winning defense strategy.
Oxycodone trafficking is a possessory crime. In other words, the government must prove possession, either actual or constructive, beyond a reasonable doubt. Actual possession is sometimes hard to contest because the accused has the narcotics on his or her person. However, proof of constructive possession requires proof of knowledge and the intent to have dominion and control over the contraband. A strong defense strategy could attack the weakness in the government’s case and create reasonable doubt that the accused had possession.
In other cases, defenses like entrapment, where the police convince a person to commit a crime he or she would not otherwise commit, or contesting the chemical composition of the drugs, are also viable defenses in the right cases.
Filing motions to suppress the drugs is a powerful legal maneuver to beat an Oxycodone trafficking charge. Anytime the police seize a contraband, they must do so without violating the rights of the accused. A motion to suppress asks the judge to review the conduct of the police and throw out all evidence seized if the police violated the rights of the person charged.
Florida law provides an incentive for people charged with drug trafficking charges to cooperate with police. The prosecution could recommend a lesser sentence or waive the minimum-mandatory sentence if the accused provides substantial cooperation.
Lastly, plea bargaining with the prosecution for a plea to a lesser offense that avoid any minimum-mandatory sentences, especially if the accused has a documented drug problem and needs treatment.
Musca Law: Justice with Compassion
Musca Law’s Florida Oxycodone Trafficking Defense Lawyers have the experience required to deliver justice with compassion. They will work with their clients to achieve the best result possible, under any circumstance. Call Musca Law at (888) 484-5057 today to learn how they could best help you and your family.