Florida State Crimes And Sentencing Statutes
In Florida, if you are found guilty by jury, or enter a guilty plea or no contest, a sentencing hearing will be held to determine your sentence. Unless you have entered into a negotiated plea agreement with the prosecution, it is important to have a strong advocate, who knows how to prevent favorable character evidence on your behalf.
At O’Brien Hatfield, P.A., our attorneys work hard to ensure you receive the most lenient sentence possible. The judge can order probation, fines, house arrest or jail. Although a judge has discretion to make a final sentencing determination against you, Florida has several statutes that guide the judge.
Florida DUI And Drug Sentencing Statutes
With both DUI and drug offenses, your sentence will be determined by the extent of your intoxication or quantity of drugs and your criminal record. The main Florida statutes covering the maximum penalties and fines for most offenses are FSS 775.082 and FSS 775.083.
- First-degree felony — except for drug trafficking, all other first-degree felony offenses carry potential fines of $10,000 and 30 years in prison
- Second-degree felony — offenses carry potential fines of $10,000 and 15 years in prison
- Third-degree felony — offenses carry potential fines of $5,000 and five years in prison
- First-degree misdemeanor — offenses carry potential fines of $1,000 and one year in prison
- Second-degree misdemeanor — offenses carry potential fines of $500 and six months in prison
There are certain statutes covering certain types of offenders. They include:
- Habitual felony offender — FSS 775.084(1)(a)
- Habitual violent felony offender — FSS 775.084(1)(b)
- Florida prison releasee reoffender — FSS 775.082(9)(a)(1)
Penalties For Driving Under The Influence (DUI) – FSS 316.193
The penalties for driving under the influence (DUI) are covered in our DUI page.
Penalties For Drug Possession – FSS 893.13
Possession of Schedule II drugs such as: heroin, GHB, opium, hydrocodone, Valium, Percocet, codeine, morphine, oxycodone, OxyContin, Demerol, amphetamines, methamphetamines and methadone is considered a second-degree felony offense.
Possession of certain Schedule I drugs, including: cannabis, mescaline, peyote, psilocybin, salvia divinorum, PCP, Quaalude and Schedule III drugs such as anabolic steroids, ketamine and LSD is considered a third-degree felony.
Possession of less than 200 milligrams of codeine per 100 milliliters, less than 100 milligrams of opium per 100 milliliters, less than 20 grams of marijuana is considered a first-degree misdemeanor.
Penalties For Possession And Manufacture Of Drug Paraphernalia – 893.147
Use of or possession with the intent to use drug paraphernalia is a first-degree misdemeanor. Manufacturing and transporting of drug paraphernalia are third-degree felonies. Delivering paraphernalia is considered second-degree felony. Advertising and retail sales of drug paraphernalia are first-degree misdemeanors.
Penalties For Drug Trafficking In Florida – FSS 893.135
Drug trafficking is a first-degree felony and carries the mandatory sentences in Florida. Florida statutes break down the penalties for these offenses by the drugs and the quantities involved.
Anyone who grows, possesses, sells, distributes or imports more than 25 pounds of marijuana or controls more than 300 plants may be accused of drug trafficking. Mandatory penalties for trafficking in marijuana are as follows:
- Between 25 and 2,000 pounds of cannabis — three years in prison and $25,000 fine
- Between 2,000 and 10,000 pounds of cannabis — seven years in prison and a $50,000 fine
- Over 10,000 pounds of cannabis — 15 years in prison and a $200,000 fine
Mandatory penalties for cocaine trafficking are as follows:
- Between 28 grams and 200 grams of cocaine — three years in prison and $25,000 fine
- Between 200 grams and 400 grams of cocaine — seven years in prison and a $50,000 fine
- Between 400 grams and 150 kilograms of cocaine — 15 years in prison and a $200,000 fine
- Over 150 kilograms of cocaine — life imprisonment without the possibility of parole. A person killed, contracted to kill or caused someone to be killed in conjunction with this crime is guilty of a capital offense and may be sentenced to death
Prescription Drug Trafficking
Mandatory penalties for individuals who buy, sell, manufacture, import or deliver opium, hydrocodone, oxycodone, hydromorphone, morphine or heroin are as follows:
- Between 4 grams and 14 grams — three years in prison and $50,000 fine
- Between 14 grams and 28 grams — 15 years in prison and a $100,000 fine
- Between 28 and 30 grams — 25 years in prison and a $500,000 fine
- 30 grams or more — life imprisonment without the possibility of parole. A person killed, contracted to kill or caused someone to be killed in conjunction with this crime is guilty of a capital offense and may be sentenced to death.
- 60 grams or more — may be subject to death penalty
Amphetamine And Methamphetamine Trafficking
- Between 14 grams and 28 grams — three years in prison and $50,000 fine
- Between 28 and 200 grams — seven years in prison and a $100,000 fine
- 200 grams or more — 15 years in prison and a $250,000 fine
- 400 grams or more — may be subject to death penalty
Experienced Criminal Defense In Tampa, Florida
If you are facing charges for DUI or drug charges in Florida, contact the lawyers at Mark J. O’Brien, to schedule a confidential initial consultation at no cost to you. Tell us about your case online or call 813-440-2347 or 888-496-5916.