Saturday, August 18, 2012

Florida's Drug Manufacturing Laws - Sarasota Criminal Attorney

In the area of criminal law, it is often difficult to provide blanket generalizations. This is because the facts of a specific case typically dictate the particular laws at issue and the specific penalties that may be at stake. This certainly holds true when discussing drug manufacturing laws in the State of Florida. However, a few generalizations are applicable to the cases in this area.

Drug manufacturing cases in Florida tend to be quite complex. Florida?s drug manufacturing laws are also complex and can easily confuse a person not fully equipped with a legal background. Drug manufacturing cases in Florida are also typically aggressively prosecuted and may result in very severe, and life altering, penalties and punishments.

These generalizations give rise to one very clear certainty. If you have been charged with the crime of drug manufacturing in Florida, it is vital that you seek legal help. These cases cannot be handled alone. They require an experienced drug crime attorney for support, assistance, and the solid creation of a successful legal defense.

Drug Manufacturing in Florida ? The Law

Drug ManufacturingFlorida?s drug manufacturing laws are complicated and involve several technical definitions. In an attempt to simplify matters, Florida?s drug manufacturing laws make it a crime for a person to unlawfully cultivate or manufacture a controlled substance. For example, drug manufacturing laws make it illegal for an individual to grow marijuana plants. These laws also make it illegal for a person to make or process illegal substances such as cocaine, PCP, methamphetamine, and heroine.

The few substances listed above are a mere sampling of the substances deemed illegal to manufacture under Florida law. In fact, there are numerous illegal substances that may be involved in any given drug manufacturing case. The illegality of these substances results from their being listing within ?schedules? created by both Florida and the Federal Government. Thus, drug manufacturing can best be understood as the creation, or manufacturing, of a drug listed within a certain prohibited ?schedule? of drugs.

Drug Manufacturing in Florida ? The Penalties

As with the law in this area, Florida?s penalties for drug manufacturing crimes are equally complicated. Complicated here should not be interpreted as light. The fact of the matter is that while specific penalties for drug manufacturing in Florida may involve a combination of several different factors, the penalties can be drastic and severe.

The penalties for drug manufacturing convictions in Florida often depend on three factors. These include: the type of substance that is manufactured, the location of the manufacturing operation, and the amount of substance being manufactured. A few examples are helpful in understanding how penalties may range.
Consider, for example, a conviction for marijuana cultivation. Marijuana is listed in State and Federal ?schedules? as an illegal drug. However, it is often viewed as one of the less severe of illegal substances. A conviction of marijuana cultivation may easily result in a third degree felony that is punishable by up to five years in jail and/or a maximum fine of $5,000. A conviction for the manufacturing of more severe drugs (e.g., cocaine, methamphetamine, and heroine), may easily result in a second degree felony that is punishable by up to 15 years in jail and/or a maximum fine of $10,000.

The penalties for drug manufacturing can be enhanced depending on the location of the manufacturing operation. For example, consider a drug manufacturing operation within 1,000 feet of a school, child care facility, or public park. Florida law treats this particular location as one worthy of enhanced penalties. Thus, drug manufacturing convictions for an operation within one of these specified locations results in the crime being treated as a first degree felony.

Finally, the amount of a substance being manufactured is also a determining factor in establishing sentencing guidelines for drug manufacturing cases. A quick rule is that penalties will become more severe as the amount of an illegal substance being manufactured increases. That is, penalties increase as the amount of manufactured drug increases.

Drug Manufacturing in Florida ? Get Legal Help

Drug manufacturing is an extremely serious charge that can have an enormous impact on a person?s life. A drug manufacturing charge is not just another drug related case that involves the same standard penalties and the same basic case investigations. These cases are among the most severe and the most complex.

Don?t let this intimidate you. If you or a loved one has been charged with drug manufacturing, options and defenses may be at your disposal. The important thing is to seek legal help. There are experienced criminal defense attorneys within a phone call?s reach that are ready, able, and highly skilled to protect you and your future. Our firm is equipped with a highly experienced team of attorneys that is ready to assist you today. Don?t let time run out. Contact us today and let us help!

Source: http://www.sarasotacriminalattorneys.com/sarasota-criminal-law/floridas-drug-manufacturing-laws/

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