Florida Drug Possession Charges: When Does a Misdemeanor Become a Felony?

Different factors determine how Florida classifies drug charges. The quantity and type of drugs determine whether the crime is a misdemeanor or felony. Whether the individual facing charges has a criminal history also plays a role. Finally, the intent of the person in possession of the drugs impacts this determination as well. 

Misdemeanor Drug Charges Examined

Misdemeanor drug charges are less serious than felony charges. However, a misdemeanor charge still carries with it several consequences. Examples of commonly charged drug offenses in Florida include possession of small amounts of certain drugs or drug paraphernalia, such as marijuana. As for how these types of crimes are classified, a first- or second-degree misdemeanor typically results. 

Jail sentences oranging from60 days ato1 year are most frequently ordered upon conviction. Even when jail time does not have to be served, there are still consequences to consider. Drug treatment, a criminal history, probation,n and fines are all associated penalties for misdemeanor offenses. 

When a Misdemeanor Becomes a Felony Under Florida Law

A drug charge in Florida can go from a misdemeanor to a felony quite quickly. “Harder” drugs- cocaine, methamphetamines, and heroin- can mean facing felony charges if an individual is found in possession of one of them. 

The amount of drugs and the absence of evidence of an intent to sell the drugs may not have any relation to the severity of the charge. These types of harder, street drugs tend to make it more likely that a felony will be charged. Larger amounts of drugs, as well as the intent to sell the drug,g also increase the likelihood of a felony being charged. 

Having been convicted previously of a drug offense also increases the likelihood of a felony charge being issued. With no prior convictions on the books, a person charged with a crime retains sentencing options. Diversion opportunities outside of jail, as well as probation, may not be extended to a person with a prior drug conviction.

What are the Punishments for Various Drug-Related Convictions

Felony drug convictions in Florida mean serious penalties will be assessed. A Third-Degree felony conviction means that up to 5 years in prison can be ordered. Second-degree convictions carry up to 15 years in prison, while a first-degree felony may carry up to 30 years in prison. 

Under specific, extreme circumstances, a person may be convicted of a drug-related crime where the potential for life in prison exists.

What “Intent” Means in Relation to How a Drug Crime is Charged

Whether law enforcement believes that a person had an intent to sell a drug will determine, in large part, how severe their charge ends up being. Evidence of bags, physical evidence such as a scale, or even emails/text messages can be used to infer an individual’s intent. 

Contact Difilippo & Pica, PLLC for a Free Case Review

Facing drug charges and don’t know where to start? Contact Difilippo & Pica, PLLC, today for a free case review. Our team of legal professionals serves clients throughout Southwest Florida with a range of drug-related legal matters.