The Law in Plain English -
Pensacola ➔ Gulf Breeze ➔ Pace
Top Heroin Defense Attorney Jason Cromey, Esq. on:
Sale or Delivery of Heroin: F.S. 893.03
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Sale or Delivery of Heroin - Heroine was unregulated and sold legally in the United States until 1920, when Congress enacted the Dangerous Drug Act. It goes without saying that it illegal in Florida and selling or delivering heroine is a second-degree felony. This means that if you are caught selling or distributing heroine you are facing up to 15 years in Florida state prison.
Like the sale or delivery of other controlled substances listed in Florida statute 893.03, the charge goes up if you are charged with selling within a 1000 foot of certain places like schools, churches, daycare facilities, parks, or convenience stores. If you are charged with sale of cocaine within a 1000 foot of one of these locations then you are looking at a first-degree felony charge, punishable by up to 30 years in state prison.
Oftentimes the State will have a hard time being able to establish the requirements to prove that a place qualifies as a church, daycare facility, etc. They usually need to present evidence above and beyond the cop’s testimony.
It is also common for undercover police officers to buy from the same person several times before applying for an arrest warrant for the suspect. This means that by the time you are arrested you could be facing multiple sale charges, significantly increasing your score sheet and increasing the likelihood that you are looking at mandatory prison time.
Florida case law contains a “downward departure ground” for situations like this based on claim of “sentence manipulation” by the police. If you find yourself in this situation and are looking for a lawyer to represent you, make sure that lawyer is familiar with this concept. It could save you from going to prison.