How Previous Felony Convictions Can Affect Your Methamphetamine Trafficking Case in Florida
In Florida, drug trafficking charges carry harsh penalties. If you are convicted of trafficking methamphetamine, one of the most dangerous and destructive street drugs, you could face prison time and huge fines. Having a prior felony conviction can make matters worse for you. In Florida, prior felony convictions play a significant role in drug sentencing. If you are facing meth trafficking charges and have previous convictions, especially for drug-related crimes, you could face longer jail time, higher fines, and less chances for alternative sentencing options. A recent case in Bay County, Florida, shows just how impactful a criminal history can be in determining the outcome of a methamphetamine trafficking case.
Understanding the Impact: An Overview of a Real Florida Case
In this case, a man, C.R.F., 36, of Panama City Beach, was found guilty of Trafficking in methamphetamine (5 ounces). C.R.F. was found with the meth hidden in the engine compartment of his car. He was sentenced to 25 years in prison, with the initial seven years of that as a minimum-mandatory sentence under the state’s enhanced drug trafficking laws.
In this case, the prosecutors asked the court to sentence the defendant as a Habitual Felony Offender, citing prior convictions for burglary, trafficking in amphetamine, and possession of meth. The judge agreed and imposed the lengthy prison sentence and a $100,000 monetary fine. Had he not been previously convicted of these felonies, C.R.F. might have faced a shorter sentence.
Florida’s Methamphetamine Trafficking Laws
According to Florida Statute 893.135, methamphetamine trafficking arises when someone knowingly manufactures, sells, purchases, delivers, or brings into the state 14 grams or more of meth or a mixture containing meth. Trafficking in meth is categorized as a first-degree felony. The punishment for this crime depends on the quantity involved.
- 14 grams or more: Mandatory minimum prison term of three years, and shall be ordered to pay $50,000
- 28 grams or more: Mandatory minimum prison term of seven years and a fine of $100,000
- 200 grams or more: Mandatory minimum prison term of fifteen years, and shall be ordered to pay $250,000
In C.R.F.’s case, his charge fell under the 28 grams or more threshold, which is why his first seven years were a minimum-mandatory sentence.
It is crucial to note that the above mandatory minimums apply even if the defendant had no intention of selling or distributing. Possession of at least 14 grams of meth is enough to warrant a trafficking conviction.
Prison Releasee Reoffender (PRR)
Florida law also provides specific statutory enhanced penalties for anyone designated as a Prison Releasee Reoffender (PRR). This refers to a person who commits another felony within three years of release from prison. With that being said, PRR status only applies when the new offense is one of the specific crimes listed under Florida Statute § 775.082(9)(a). The State must file a formal notice and prove by a preponderance of the evidence that the defendant qualifies as a PRR. If the court makes that finding, the judge is required to impose the maximum sentence allowed by law for the underlying offense. In other words, there is no discretion. Here is an overview of the requirements as set forth by Florida state law:
- If the current offense is a third-degree felony, the judge must impose a 5-year sentence;
- If it is a second-degree felony, the sentence must be 15 years;
- If it is a first-degree felony, the judge must impose a 30-year sentence; and
- If the crime is punishable by life, a life sentence must be imposed.
If the court determines that a defendant is a PRR, they may not sentence them under the normal sentencing guidelines but must impose stricter sentences defined by law. PRR sentences are “day-for-day,” meaning the defendant must serve the entire sentence with no early release or gain time. These are among the most severe sentencing provisions in Florida law and can dramatically alter the outcome of a case involving meth trafficking.
Contact an Orlando Meth Trafficking Lawyer
Our experienced Orlando meth trafficking lawyer at Joshi Law Firm. P.A. is ready to fight for your rights, challenge the evidence, and build a strong case to protect your future and assets. If you are facing a drug charge and the State has alleged you are a habitual offender or a PRR, the stakes are extremely high. Contact us today to schedule a consultation. With an office in Orlando, we defend drug distribution charges throughout the surrounding region in Central Florida.
Source:
sa14.fl.gov/2024/11/19/25-year-sentence-for-meth-trafficker/
