There are many factors that are considered by prosecutors when they decide which specific drug law to utilize when filing charges. If an individual was arrested for possession of a narcotic, prosecutors will consider the severity of the drug in question and the arrestee's intent for those narcotics. Possessing heroin with the intent to distribute it will therefore carry the possibility of much harsher penalties than an arrest for simple possession of marijuana.
There are other factors that can cause enhanced drug charges. Distributing, manufacturing or possessing a drug with intent to distribute or manufacture while close to a school, child care business or public housing can result in enhanced penalties. Again, the severity of the drug alleged to be involved will be key in just how severe the potential penalties will be.
Florida's laws pertaining to methamphetamine can be especially severe if certain factors are present. For example, an individual who is convicted of manufacturing methamphetamine in a building where a child under the age of 16 is present will face a first-degree felony charge and at least five years in prison. If a child under the age of 16 is injured due to the manufacturing of methamphetamine, then the mandatory minimum period of incarceration is 10 years.
Florida's drug laws are very strict, and the enhancements discussed above are just a few of the many that can be found on the books. In other words, those who are facing allegations of drug crimes such as drug possession, manufacturing or distribution may want to discuss with their attorney how best to develop a strong criminal defense strategy. This may be the best way to avoid extensive prison sentences and ruinous fines.