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Possession of Crack Cocaine



Understanding Possession of Crack Cocaine Charges in Florida

Being found with crack cocaine in Florida isn’t just a minor issue; it’s a situation that could significantly alter the course of your life. Florida’s laws on drug possession, especially concerning crack cocaine, are stringent, reflecting the state’s commitment to combating drug abuse and trafficking. Here, we delve into what constitutes possession of crack cocaine under Florida law, distinguishing between simple possession and possession with the intent to sell or distribute.

What exactly is possession of crack cocaine in Florida? Possession of crack cocaine refers to having physical control over the substance, whether it’s on your person or in a place where you have control, like your home or car.

Florida Statute 893.13(6)(a) makes it clear that possessing crack cocaine, regardless of the amount, is a felony offense. This seriousness escalates with the quantity in possession, potentially implicating an individual in trafficking charges, which carry even harsher penalties. Understanding the distinction between mere possession and trafficking is crucial, as the latter involves specific weight thresholds and implies the intent to sell or distribute.

In legal terms, possession can be actual or constructive. Actual possession means the drug is found on the person, such as in their hands or pockets. Constructive possession, on the other hand, involves the drug being in a location over which the person has control, even if it’s not physically on them. For a conviction, the state must prove that the accused had knowledge of the drug’s presence and control over it.

Charges of possession of crack cocaine can stem from various scenarios, from a routine traffic stop to a targeted drug enforcement operation. Regardless of how the situation arises, the implications are serious, with potential consequences including imprisonment, hefty fines, and a permanent mark on your criminal record. This can lead to long-term challenges, such as difficulties in finding employment, housing, and even restrictions on certain civil rights.

Given the complexities surrounding drug possession charges in Florida, especially with substances as potent and scrutinized as crack cocaine, securing experienced legal representation is paramount. The attorneys at Leppard Law: Drug Offenses Defense Attorneys understand the nuances of drug laws in Florida. Our team is committed to providing aggressive defense strategies, aiming to protect your rights and achieve the best possible outcome in your case.

If you’re facing possession charges and need guidance, don’t hesitate to reach out to us at 407-476-4111. Let us help you navigate through this challenging time with our expertise and compassionate legal support.

Understanding Possession of Crack Cocaine Charges in Florida

Penalties for Possession of Crack Cocaine in Florida

In Florida, the stakes are high when it comes to possession of crack cocaine. The penalties are severe, designed to deter individuals from engaging in drug-related offenses. The severity of the penalties largely depends on the amount of crack cocaine in possession and any prior criminal history. Understanding these penalties is crucial for anyone facing charges or looking to understand Florida’s legal landscape regarding drug offenses.

Penalties for Possession of Crack Cocaine in Florida

Mandatory Minimum Sentences and Fines

The Florida Statutes outline specific mandatory minimum sentences and fines for possession of crack cocaine, escalating with the amount involved. These statutory mandates serve as a baseline for sentencing, with judges having limited discretion to impose lesser penalties.

  • Less than 28 grams: Possession of crack cocaine in amounts less than 28 grams is considered a third-degree felony, punishable by up to 5 years in prison and fines up to $5,000.
  • 28 to 199 grams: Possession within this range triggers trafficking charges, with a mandatory minimum sentence of 3 years in prison and a $50,000 fine. Understanding the nuances of drug trafficking is essential for anyone facing such charges.
  • 200 to 399 grams: This quantity increases the mandatory minimum sentence to 7 years and a $100,000 fine.
  • 400 grams or more: At this level, the law imposes a minimum of 15 years in prison and a $250,000 fine.

What does “mandatory minimum sentence” mean? It refers to the minimum prison sentence a judge must impose for certain crimes, leaving no discretion to reduce the sentence based on mitigating factors.

It’s important to note that these penalties can be further compounded by other factors, such as possession within 1,000 feet of a school, which can elevate the charges and penalties. Additionally, individuals with prior drug convictions may face even harsher sentences, underscoring the importance of experienced legal representation.

For those facing charges, the legal landscape may seem daunting. However, defenses are available, ranging from challenging the legality of the search and seizure that led to the drug’s discovery to negotiating plea deals that may reduce charges or penalties. At Leppard Law: Drug Offenses Defense Attorneys, our expertise in navigating these complex legal waters can make a significant difference in the outcome of your case.

Remember, an arrest for possession of crack cocaine is not the end of the road. With the right legal strategy, it’s possible to mitigate the consequences and, in some cases, secure a more favorable outcome. If you or a loved one is facing drug charges in Florida, don’t hesitate to reach out to us at 407-476-4111 for a consultation. Let our experienced team advocate for your rights and guide you through this challenging time.

Defending Against Possession of Crack Cocaine Charges

When it comes to defending against possession of crack cocaine charges in Florida, the legal landscape can seem daunting. However, with the right defense strategy, it is possible to challenge these charges effectively. Common defenses include questioning the legality of the search and seizure that led to the discovery of crack cocaine and arguing the concept of constructive possession when the substance was found in a location accessible to multiple people.

Several defense strategies can be pivotal in fighting possession of crack cocaine charges. These defenses are not one-size-fits-all and require a nuanced understanding of Florida law, the specifics of the case, and the evidence at hand. Here are some of the most commonly employed legal defenses:

  • Illegal Search and Seizure: The Fourth Amendment protects against unreasonable searches and seizures. If law enforcement conducted a search without a warrant or probable cause, any evidence obtained may be inadmissible in court.
  • Lack of Knowledge: Proving that the defendant was unaware of the presence of crack cocaine can be a valid defense, especially in cases involving vehicles or shared living spaces.
  • Constructive Possession: This argument is used when crack cocaine is found in a place where multiple people had access, making it difficult to prove who actually possessed the substance.
  • Entrapment: This defense may apply if law enforcement induced the defendant into committing a crime they would not have otherwise committed.

What is constructive possession? Constructive possession occurs when an individual has control over a substance or item, even if it’s not found on their person.

Each case is unique, and the applicability of these defenses varies based on the circumstances. For instance, if crack cocaine was found in a vehicle you were driving but do not own, the prosecution must prove you had knowledge and control over the drugs. Similarly, if crack cocaine was discovered in a common area of a shared residence, it must be demonstrated that you had dominion over the area and knowledge of the drugs’ presence.

At Leppard Law: Drug Offenses Defense Attorneys, we understand the complexities of drug possession charges and have a proven track record of successfully defending our clients. Whether through challenging the prosecution’s evidence, negotiating plea deals, or fighting for your rights at trial, our team is dedicated to achieving the best possible outcome for your case.

If you or a loved one is facing possession of crack cocaine charges in Florida, don’t hesitate to reach out to us at 407-476-4111. Our experienced attorneys will provide a robust defense, leveraging every available strategy to protect your rights and freedom. Contact us today for a consultation, and let us help you navigate through this challenging time with confidence and support.


Being charged with possession of crack cocaine in Florida can be an overwhelming experience. Understanding the legal process that unfolds after an arrest can provide some clarity and reduce anxiety. From the moment of your arrest to the potential trial, each step involves critical decisions that can significantly impact the outcome of your case. Here’s what you can expect during the legal process, and why having skilled legal representation is paramount.

Steps in the Criminal Justice System for Drug Charges

  1. Arrest: The process begins with the arrest, which must be based on probable cause. Following the arrest, you’ll be taken into custody and booked.
  2. First Appearance: Within 24 hours of your arrest, you’ll have a first appearance before a judge. The judge will inform you of the charges and may address bail.
  3. Arraignment: At the arraignment, you’ll be formally charged, and you’ll have the opportunity to enter a plea of guilty, not guilty, or no contest.
  4. Pre-Trial Motions: Your defense attorney may file motions, such as a motion to suppress evidence if it was obtained illegally.
  5. Trial: If your case goes to trial, the prosecution must prove beyond a reasonable doubt that you possessed crack cocaine. Your defense will have the opportunity to refute the evidence and present your case.
  6. Sentencing: If convicted, the sentencing phase will determine the penalties, which can range based on the amount of crack cocaine and other factors.

Throughout this process, your defense attorney will be your advocate, fighting for your rights and working towards the best possible outcome. Whether it’s negotiating a plea deal that minimizes penalties or defending your innocence at trial, having an experienced attorney is crucial.

Why is skilled legal representation essential? Because an experienced attorney understands the complexities of drug laws, can challenge the prosecution’s evidence, and negotiate effectively on your behalf.

Skilled legal representation can also explore alternative sentencing options, such as drug court or diversion programs, which focus on rehabilitation rather than punishment. These alternatives can be life-changing, offering a path to recovery and a second chance.

At Leppard Law: Drug Offenses Defense Attorneys, we understand the fear and uncertainty that come with being charged with possession of crack cocaine. Our team is committed to providing a defense that is not only vigorous but also personalized to your unique situation. We leverage our extensive knowledge and experience to navigate the complexities of the legal system, ensuring that your rights are protected every step of the way.

If you’re facing crack cocaine charges in Florida, don’t go through it alone. Contact us today at 407-476-4111 for a consultation. Let us put our expertise to work for you, helping you navigate the legal process with confidence and fighting for the best possible outcome in your case.

Leppard Law: Drug Offenses Defense Attorneys Office


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Frequently Asked Questions About Possession of Crack Cocaine

What are the penalties for possession of crack cocaine in Florida?

The penalties for possession of crack cocaine in Florida vary based on the amount possessed and can include:

  • Less than 28 grams: Considered a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine.
  • 28 grams or more: Classified as trafficking, which carries mandatory minimum sentences starting at 3 years in prison and $50,000 in fines.

How can a lawyer help with my crack cocaine charge?

A lawyer can assist in several ways, including:

  • Examining the evidence for legality and accuracy.
  • Negotiating plea deals to reduce charges or penalties.
  • Representing you in court, presenting defenses to challenge the prosecution’s case.
  • Exploring alternative sentencing options like drug court programs.

Having an experienced attorney can significantly impact the outcome of your case.

What defense strategies are available for crack cocaine charges?

Common defense strategies include:

  • Challenging the legality of the search and seizure that led to the drug’s discovery.
  • Arguing that the drugs belonged to someone else.
  • Questioning the accuracy of lab tests identifying the substance as crack cocaine.
  • Presenting evidence of entrapment or coercion by law enforcement.

Can I avoid jail time for a crack cocaine offense?

Yes, in some cases, alternatives to jail time may be available, such as:

  • Drug treatment and rehabilitation programs.
  • Probation, especially for first-time offenders.
  • Participation in drug court, which focuses on treatment and recovery.

Your attorney can guide you through the options based on the specifics of your case.

If you’re facing charges for possession of crack cocaine, it’s crucial to seek legal assistance immediately. Our team at Leppard Law is equipped to defend your rights and work towards the best possible outcome. Contact us at 407-476-4111 for a consultation.

Other Practice Areas We Serve

Exploring the full spectrum of legal challenges related to drug offenses, we offer our expertise across a diverse range of practice areas in Florida.

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Top-Rated Possession of Crack Cocaine Attorneys Serving Florida

Choosing the right legal representation is crucial when facing drug offenses. Our dedicated attorneys are equipped to guide you through every step, ensuring informed decisions for your defense.

  • John Vallillo: Known for his meticulous attention to detail, John Vallillo provides personalized and effective legal representation for drug offenses.
  • Joe Easton: Specializing in challenging evidence and securing favorable outcomes, Joe Easton is deeply committed to justice for all clients.
  • Joel Leppard: With a strategic approach to defense, Joel Leppard has achieved numerous dismissals and reduced charges, offering unmatched dedication and expertise.

Discover What Our Clients Are Saying

Our commitment to excellence in drug offenses defense is evident in every case we undertake. The positive feedback from our clients is a testament to the hard work and dedication we consistently deliver.



Infographic depicting the words Possession of Crack Cocaine

Secure Your Defense with Leppard Law Today

When facing charges for possession of crack cocaine, the path ahead can seem daunting and uncertain. But with Leppard Law, you’re not alone. Our team of dedicated defense attorneys understands the complexities of drug offenses and is ready to stand by your side, offering the personalized and compassionate legal support you need.

What sets us apart? It’s our unwavering commitment to our clients, treating each case with the attention and dedication it deserves. We’re not just your attorneys; we’re your advocates, fighting tirelessly to protect your rights and achieve the best possible outcome for your case.

Experience the difference with Leppard Law:

  • Personal Attention: We know that every case is unique, which is why we take the time to understand your specific situation and tailor our strategy accordingly.
  • Expertise and Experience: With over 60 years of combined experience, our team has the knowledge and skills to navigate the legal system effectively, advocating for your rights at every turn.
  • Client-Centered Communication: Clear, consistent communication is at the heart of our practice. We ensure you’re informed and empowered throughout the entire legal process.
  • Innovative Defense Strategies: Leveraging cutting-edge technology and a deep understanding of drug offense laws, we craft defense strategies designed to protect your future.

Don’t let a charge of possession of crack cocaine define your future. Call us today at 407-476-4111 for a free consultation. Discover how our top-rated criminal defense attorneys can make all the difference in your case. At Leppard Law, we’re more than just your legal representatives; we’re your partners in navigating this challenging time.

Your fight is our fight. Let’s tackle this together.

Trusted Content

Legally Reviewed by Joe Easton

Expert Attorney

Legally reviewed by Joe Easton and the content team, this article reflects the firm’s 60 years of combined criminal defense expertise. Joe Easton, with his extensive experience and strategic prowess in DUI and criminal defense, not only provides legal representation but also a commitment to overcoming legal challenges. His approach, blending tenacity in the courtroom with individualized client care, ensures your case receives dedicated defense and personalized attention.

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