Possession vs. Possession with Intent in Florida: What’s the Difference?

If you are facing drug charges in Miami, Florida, it is vital to understand the difference between possession and possession with intent to sell or distribute. This makes it easier to fight your charges and potentially reduce the consequences you face if you are convicted.

In this blog, we will look at the differences between Florida’s laws regarding possession and possession with intent and some tips on using these differences to your advantage in court.

Drug Possession

In Florida, drug possession is a crime that is punishable by law. The penalties for drug possession depend on the type and amount of drug involved and the person’s criminal history. Possession of a controlled substance is a third-degree felony, punishable by up to five years in prison and a $5,000 fine.

Drug Possession with Intent

In Florida, possession with intent to sell is a more serious crime than simple possession of drugs. The main difference between the two is, as the name implies, the intent to sell. If you are convicted of possession with intent to sell, manufacture, or deliver drugs, you face up to 15 years in prison and a fine of up to $10,000.

To be charged with possession with intent, prosecutors must prove that you not only had drugs in your possession but also that you intended to sell them. This can be tricky to prove, which is why it is crucial to have an experienced Miami criminal defense attorney on your side if you are facing these charges.

Contact a Lawyer

If you have been charged with drug possession or possession with intent to sell in Florida, it is critical to understand the difference between these two charges. The main difference between these two charges is the prosecutor’s intent to prove that you possessed the drugs for sale. If you are facing either of these charges, contact a drug crime lawyer Brian Kirlew, Esq. today to discuss your case.