DRUG1200 DELIVERY OF COCAINE

W. F. "Casey" Ebsary Jr

11 months ago

DRUG1200 Charge: Understanding Florida’s Delivery of Cocaine Laws

Facing a criminal charge can be a daunting experience, especially when it involves serious allegations like the delivery of cocaine. In Florida, this charge, often coded as “DRUG1200,” carries significant penalties and can have long-lasting consequences. This article provides a comprehensive overview of Florida Statute 893.13(1)(a), which governs this offense, and explains what you need to know if you or a loved one is facing this charge.

It’s important to remember that DRUG1200 is just one of many ways to face drug-related charges in Hillsborough County. In fact, there are over 250 ways to go to jail for drug crimes in Florida, highlighting the complexity and breadth of Florida’s drug laws. For immediate assistance, you can contact us at 813-222-2220 .

What is DRUG1200 Delivery of Cocaine?

DRUG1200 is the Florida charge for the delivery of cocaine. It falls under Florida Statute 893.13(1)(a), which prohibits the sale, manufacture, or delivery, or possession with intent to sell, manufacture, or deliver, a controlled substance. Cocaine is classified as a Schedule II controlled substance, meaning it has a high potential for abuse and a severely restricted medical use.

The Broad Scope of “Delivery”

It’s crucial to understand that “delivery” in this context doesn’t just mean a direct, hand-to-hand transaction. Florida law defines delivery broadly to include:

Actual Delivery: The physical transfer of the drug.
Constructive Delivery: Having the intent and ability to control the cocaine, even without physically handing it over. This could involve directing someone to a hidden stash.
Attempted Delivery: Even an unsuccessful attempt to deliver cocaine can result in charges.

This broad definition means you can be charged with DRUG1200 even if you weren’t directly involved in a physical exchange. See more details on our DRUG1200 Delivery of Cocaine page.

Penalties for DRUG1200

As a second-degree felony, DRUG1200 carries severe penalties under Florida law:

Prison: Up to 15 years in prison, as outlined in Florida Statute 775.082.
Fines: Up to $10,000 in fines, as per Florida Statute 775.083.
Habitual Offender Status: If you have prior felony convictions, you could face significantly enhanced penalties, including a potential life sentence, under Florida Statute 775.084.

Enhancements and Aggravating Factors

Certain factors can increase the severity of the charge:

Quantity: Selling or delivering over 10 grams elevates the charge to a first-degree felony (up to 30 years in prison), according to Florida Statute 893.13(1)(b).
Proximity to Protected Locations: Selling, manufacturing, or delivering within 1,000 feet of schools, childcare facilities, parks, community centers, or public recreational facilities (between 6 a.m. and midnight for schools) also elevates the charge to a first-degree felony with a mandatory minimum 3-year prison sentence, as detailed in Florida Statute 893.13(1)(c).

Potential Defenses

While a DRUG1200 charge is serious, there are potential defenses. A skilled criminal defense attorney will explore all options, which may include:

Lack of Knowledge: The prosecution must prove you knowingly possessed or delivered the cocaine.
Lack of Intent: For constructive delivery or possession with intent, the prosecution must prove your intent.
Illegal Search and Seizure: Evidence obtained illegally may be suppressed.
Entrapment: If law enforcement induced you to commit a crime you wouldn’t have otherwise committed.
Mistaken Identity: If you were wrongly identified.
Substantial Assistance: You may be able to work with law enforcement.

Why You Need an Experienced Attorney

The complexities of Florida drug laws, as evidenced by the numerous ways to be charged with drug crimes, the broad definition of “delivery,” and the potential for severe penalties make it essential to have experienced legal representation. At the Law Office of W.F. “Casey” Ebsary Jr., we understand the seriousness of these charges and are dedicated to protecting your rights. We will thoroughly investigate your case, explore all possible defenses, and fight for the best possible outcome.

FAQ: DRUG1200 Delivery of Cocaine

Here are some frequently asked questions about DRUG1200 charges:

What if I didn’t actually sell the cocaine, but I was just holding it for someone else?

You could still be charged with possession with intent to deliver, which carries the same penalties as actual delivery. This falls under the concept of constructive possession.

What if I was just in the wrong place at the wrong time?

Mere presence at the scene of a crime is not enough to convict you. However, the prosecution may try to prove your involvement through other evidence. It’s crucial to have an attorney review the evidence against you.

Can the police search my car without a warrant?

The police can search your car without a warrant under certain circumstances, such as if they have probable cause to believe it contains evidence of a crime. However, these searches are subject to legal challenges. An illegal search could lead to the suppression of evidence.

What is a mandatory minimum sentence?

A mandatory minimum sentence is a minimum prison term that a judge must impose, regardless of mitigating circumstances. The 3-year mandatory minimum for selling near protected locations is an example.

What does “constructive delivery” mean?

Constructive delivery means you have the intent and ability to control the drugs, even if you don’t physically hand them to someone.

What if I was set up by a confidential informant?

This could potentially be a defense of entrapment, but entrapment is a complex legal issue. It’s not enough to simply be given the opportunity to commit a crime; the police must have induced you to do something you wouldn’t have otherwise done.

What is “substantial assistance”?

Providing substantial assistance to law enforcement in the investigation or prosecution of other drug offenses can sometimes lead to a reduced sentence. This is a strategic decision that should be discussed with your attorney.

What are the long-term consequences of a DRUG1200 conviction?

Beyond prison and fines, a felony conviction can impact your ability to get a job, housing, professional licenses, and even vote.

What should I do if I’m arrested for DRUG1200?

Exercise your right to remain silent and contact an attorney immediately. Do not answer any questions without legal counsel.

How can I contact your firm for help?

You can call us at 813-222-2220 or contact our website at drug2go.com for a consultation. We are here to help you navigate this challenging situation.

You can contact the Law Office of W.F. “Casey” Ebsary Jr. tel:+18132222220 for a free consultation by calling 1-877-793-9290 or by filling out our online contact form. (https://drug2go.com/contact-casey-the-lawyer/).

If you have been charged with DRUG1200 DELIVERY OF COCAINE you can call a Tampa Criminal Defense Lawyer at 1-877-793-9290 and tell me your story.

Form Code: DRUG1200

Florida Statute: 893.13.1A
Level: Fel (Felony)
Degree: 2nd

Description: DELIVERY OF COCAINE

DRUG1200 DELIVERY OF COCAINE one of the most commonly charged offenses in Hillsborough County, Florida.

Title XLVI CRIMES

Chapter 893 DRUG ABUSE PREVENTION AND CONTROL

893.13 Prohibited acts; penalties.

(1)(a) Except as authorized by this chapter and chapter 499, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance. Any person who violates this provision with respect to:

1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3. A controlled substance named or described in s. 893.03(5) commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(b) Except as provided in this chapter, it is unlawful to sell or deliver in excess of 10 grams of any substance named or described in s. 893.03(1)(a) or (1)(b), or any combination thereof, or any mixture containing any such substance. Any person who violates this paragraph commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(c) Except as authorized by this chapter, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising a child care facility as defined in s. 402.302 or a public or private elementary, middle, or secondary school between the hours of 6 a.m. and 12 midnight, or at any time in, on, or within 1,000 feet of real property comprising a state, county, or municipal park, a community center, or a publicly owned recreational facility. For the purposes of this paragraph, the term “community center” means a facility operated by a nonprofit community-based organization for the provision of recreational, social, or educational services to the public. Any person who violates this paragraph with respect to:

1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. The defendant must be sentenced to a minimum term of imprisonment of 3 calendar years unless the offense was committed within 1,000 feet of the real property comprising a child care facility as defined in s. 402.302.

2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

3. Any other controlled substance, except as lawfully sold, manufactured, or delivered, must be sentenced to pay a $500 fine and to serve 100 hours of public service in addition to any other penalty prescribed by law.