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Top Meth Defense Attorney Jason Cromey, Esq. on:
Sale or Delivery of Meth: F.S. 893.03
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Sale or Delivery of Meth – Methamphetamine, or meth, is a popular drug these days and has seen a severe increase in use around this area. A person can make meth using ingredients from Walmart and instructions on the internet. While it may be easy to make, it’s also hazardous and easy to blow yourself up trying to make it. Over the past few years, our area has had several large undercover operations, combining the resources of the local sheriff departments, local prosecutors, the DEA, and federal prosecutors. The sale of meth is a second-degree felony punishable by up to 15 years in state prison, a $10,000 fine, or both.
Like the sale or delivery of other controlled substances listed in Florida statute 893.03, the charge increases when the sale occurs within 1000 feet of certain places like schools, churches, daycare facilities, parks, or convenience stores. The sale of meth is a first-degree felony when it takes place within 1000 feet of one of these locations. A first-degree felony charge is punishable by up to 30 years in state prison. Often the State will have difficulty establishing 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 they arrest you, you could face multiple sales charges, significantly increasing your score sheet and the likelihood of looking at mandatory prison time. Florida case law contains a downward departure ground for situations like this based called “sentence manipulation.” If you find yourself in this position and are looking for a lawyer to represent you, ensure that you retain a Pensacola criminal lawyer familiar with this concept. It could save you from going to prison.