A drug conspiracy is when two or more people agree to commit a drug-related crime. This will most often involve cases of drug trafficking, drug manufacturing, or selling drugs. In the state of Florida, the commission of the crime does not actually have to be completed to warrant prosecution.
If two or more people agree to commit the crime, and are caught by law enforcement, they can be charged with both the conspiracy to commit the crime and the crime itself.
Most law enforcement personnel take conspiracy very seriously, and charges can lead to harsher penalties than those of other drug offenses. Even though a charge for conspiracy and the act itself are separate, they could be charged together in one case. However, a defense lawyer with years of experience and qualifications can often get your charges acquitted, dropped, or reduced.
Penalties for conspiracy Drug charges in FL
The law on drug conspiracy can be confusing, as individuals with distinct levels of responsibility can be charged for the same crime and be held responsible for the same amount of drugs. Therefore, prosecutors often default to conspiracy charges, as they are relatively easier to prove.
In Florida state court, a prosecutor must only prove three elements for a drug conspiracy charge:
- The defendant entered into an agreement
- The agreement conspired with at least one other individual
- At least one of the individuals involved took a step further into agreement
Depending on the specific facts of your case, penalties can range anywhere from a second-degree misdemeanor to a first-degree felony.
A second-degree misdemeanor is punishable by
- 60 days in jail
- A minimum fine of $500
A first-degree felony is punishable by
- Up to 30 years in prison
- A minimum fine of $10,000
Defenses for Drug Conspiracy Cases in Florida
It is important to understand that a conspiracy charge can happen even if the actual crime was not completed, or even possible. The government is not required to have any physical evidence, drugs, or money to make a prosecution.
In a drug conspiracy charge, the agreement alone is the crime. Despite the obvious difficulties, our Jacksonville drug conspiracy lawyers have successfully defended these types of charges in court.
Some of our defense strategies include:
- Dismissal: A judge can dismiss a case if both the prosecution and defense agree on the facts of the case, but these are not enough to prove the charges.
- Suppression: If the arresting police officer obtained evidence in violation of your Fourth or Fifth Amendment rights, we may be able to suppress the evidence the court would use against you, if obtained illegally.
- Entrapment: A practice in which law enforcement induces an individual to commit a crime that the individual would have otherwise been unlikely to commit.
Experienced Representation for Conspiracy Drug Charges
Drug conspiracy law can be complicated in Florida. If you have been charged for drug conspiracy, hiring a Jacksonville drug conspiracy attorney with deep understanding of the legal issues involved is imperative. It is important that you get in touch with our team at Monroe & King, P.A. as soon as possible, so we can guide you to make informed decisions on how best to proceed with the case after you’ve been charged.
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