The Consequences of Armed Fentanyl Trafficking in Florida
Given fentanyl’s extreme potency, law enforcement agencies pursue fentanyl traffickers aggressively. Even a small amount of fentanyl can result in dozens of overdoses, making this drug one of the most dangerous on the street. Because of this, Florida and federal laws impose harsh penalties on anyone found guilty of trafficking fentanyl. The consequences get even harsher when firearms are involved.
Armed Fentanyl Trafficking Charges in Florida
Florida Statute 893.15(1)(c)(4) prohibits the trafficking of fentanyl and its derivatives. Anyone who knowingly sells, purchases, manufactures, delivers, brings into the state, or possesses four grams or more of fentanyl or any mixture containing this substance is guilty of a first-degree felony. In Florida, the offense of fentanyl trafficking is punishable by mandatory minimum prison sentences ranging from 3 to 25 years and substantial fines ranging from $50,000 to $500,000, depending on the quantity.
When a firearm is involved, the consequences escalate even further, not only under state law but also under federal law. Under federal law, an individual can face a separate sentence for the fentanyl trafficking crime and an additional sentence for the firearm offense. Usually, the sentences run consecutively rather than concurrently, significantly increasing the total time behind bars.
It is crucial to note that a firearm enhancement generally applies even if the weapon was not used. Displaying or simply possessing a firearm during the fentanyl trafficking offense is enough.
Real Case Example
A real illustration of the seriousness of the offense of armed fentanyl trafficking is the recent case of an undocumented Ecuadorian national residing in Orlando, Florida, who for purposes of this article, we will refer to as A.V. As reported by the U.S. Department of Justice, A.V. was sentenced to 15 years in federal prison for distributing fentanyl while armed with a firearm. The defendant pleaded guilty back in January this year.
The plea agreement detailed that A.V. ran an online business selling fentanyl, firearms, and cocaine in Orlando from August 2023 to August 2024. An undercover law enforcement officer found the defendant’s online store and set up numerous undercover transactions. During the investigation, A.V. sold multiple firearms to the undercover officer, including two machine guns, fentanyl pills, and cocaine.
If a firearm had not been involved in this case, the defendant probably could have gotten a lower double-digit prison sentence.
Other Consequences of Armed Fentanyl Trafficking
Beyond prison sentences, individuals convicted of armed fentanyl trafficking can face other lasting consequences, including;
- A permanent felony record, which can affect employment, civil rights, and housing
- Asset forfeiture, resulting in the seizure of vehicles, cash, and property linked to the crime
- Loss of firearm rights
- Loss of parental rights
- Damaged reputation and social stigma
Additionally, following A.V.’s incarceration, he might face deportation proceedings. When an undocumented individual is convicted of a felony, it could lead to mandatory removal from the U.S. and permanent inadmissibility.
What To Do if You’re Facing Armed Fentanyl Trafficking Charges
If you are facing armed fentanyl trafficking charges in Florida, it is crucial to act fast. Here are some of the steps you should take immediately;
- Exercise your right to remain silent
- Contact an experienced criminal defense attorney
- Review the evidence
- Explore possible defenses, such as unlawful search and seizure
Contact an Orlando Criminal Defense Lawyer
If you’re facing armed fentanyl trafficking charges in Florida, contact an experienced Orlando trafficking lawyer at Joshi Law Firm, PA for help with your case.
Source:
justice.gov/usao-mdfl/pr/illegal-alien-sentenced-15-years-armed-fentanyl-trafficking
