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When Is Drug Possession a Felony in Florida?


When you’re arrested on drug possession charges, knowing the stakes of a conviction can help you fight back and prepare for your Florida case. However, some charges may change, depending on the severity of the situation. As such, your drug possession case could range from a first-degree misdemeanor to a first-degree felony.

When is drug possession a felony in Florida? You’ll need to understand before your day in court what charges you’re facing and why. If you don’t focus on these details, you could be facing harsher penalties, making it more difficult to recover. As such, you’ll need to contact your Tampa criminal defense attorney about your charges and then fight back.

The Amount Will Matter

What makes a drug possession more than a misdemeanor? Typically, the severity of the conviction is affected by the amount of drugs you’ve been convicted of carrying. For example, if you’re only carrying a small amount, you might only be facing misdemeanor charges.

However, larger amounts, especially when dealing with Schedule I and II drugs, can lead to much harsher penalties. For example, if you’re found in possession of more than twenty grams of weed, you could be charged with a third-degree felony, or even higher.

As such, knowing the type and amount of the drug you were accused of carrying can help you fight back to get your charges dropped. Once your Florida drug attorney knows the severity of the accusations, we can begin fighting back for you.  

Penalties for Felony Charges

Unfortunately, the penalties you could face for a felony charge may be serious. Once you’ve found the type of charges you’re facing, you’ll need to understand what the penalties for a felony in Florida will be before your day in court.

One of your major concerns may be jail time. That means time away from your family, an impact on your career, and an extended time away from the things and people you love. In Florida, if you’re facing a third-degree felony, the least serious of the charges, you may face up to five years in jail. For a first-degree felony, you could be in jail for up to thirty years on possession charges.

Once you’re released, the penalties don’t stop. Instead, keep in mind that your criminal records are public, meaning that a felony conviction will still affect your life. For example, a potential employer may choose not to hire you because of your record, which will come up during a background check. As such, it’s important to fight back now, rather than face consequences later.

Seek out a Drug Possession Lawyer’s Help

When you’re accused of drug possession offenses, you may have plenty of questions about your case. First, though, it’s important to know when drug possession is a felony in Florida. Unfortunately, it’s common for drug possession charges to be felony charges, depending on the amount in question.

That’s why it’s so important to fight back with the help of an attorney from Hersem Law. Our lawyers can help you fight to get your charges dropped, no matter how severe the case is.

When you’re ready to begin, reach out for a free strategy session where we’ll discuss your options. To get started, give us a call at 813-251-7291 or fill out the online form below.