21 U.S.C. §841(b)(1)(a), 21 U.S.C. §841(b)(1)(b), 21 U.S.C. §841(b)(1)(c)
When a criminal attorney analyzes a possession with intent to distribute cocaine in Florida case, he/she must ask three basic questions. The answers will determine your basic sentencing for a possession with intent to distribute cocaine in Florida conviction:
- How much cocaine or cocaine base is involved?
- 5 Kilos cocaine or more, 280g of base or more
- ½ Kilo cocaine or more, 28g of base or more
- Less than ½ kilo cocaine, less than 28g base
- Was anyone killed or seriously injured?
- Does the defendant have a prior conviction for a felony drug offense?
Depending on the answers to these questions, possession with intent to distribute cocaine in Florida can be sentenced as follows: (see 21 U.S.C. §841)
5 Kilos (or more) of Cocaine or 280g (or more) of Cocaine Base
LIFE Without Parole
- Defendant convicted of possession with intent to distribute cocaine in Florida,
and - Defendant has 2 prior felony drug convictions,
or - Defendant has one prior felony drug conviction AND case involves death or serious bodily injury.
20 Years to LIFE Without Parole
- Defendant convicted of possession with intent to distribute cocaine in Florida,
and - Defendant has one prior felony drug conviction
or - Case involves death or serious bodily injury.
10 Years to LIFE Without Parole
- Defendant convicted of possession with intent to distribute cocaine in Florida,
and - No prior felony drug conviction,
and - No death or serious bodily injury.
Supervised Release (Probation)
After the prison sentence is served, a person convicted of possession with intent to deliver cocaine in Florida shall be put on supervised release for:
- 5 years if no prior felony drug convictions
- 10 years if one prior felony drug conviction
1/2 Kilo (or more) of Cocaine or 28g (or more) of Cocaine Base
LIFE Without Parole
- Defendant convicted of possession with intent to distribute cocaine in Florida,
and - Defendant has a prior felony drug conviction,
and - Case involves death or serious bodily injury.
20 Years to LIFE Without Parole
- Defendant convicted of possession with intent to distribute cocaine in Florida,
and - Case involves death or serious bodily injury.
10 Years to LIFE Without Parole
- Defendant convicted of possession with intent to distribute cocaine in Florida,
and - Defendant has a prior felony drug conviction.
5-40 Years In Prison Without Parole
- Defendant convicted of possession with intent to distribute cocaine in Florida,
and - No prior felony drug conviction,
and - No death or serious bodily injury.
Supervised Release (Probation)
If released from prison, a person convicted of possession with intent to deliver cocaine in Florida shall be placed on the following terms of supervised release:
- 4 years if no prior felony drug convictions
- 8 years if at least one prior felony drug conviction
Less than ½ Kilo of Cocaine or 28g Cocaine Base
LIFE Without Parole
- Defendant convicted of possession with intent to distribute cocaine in Florida,
and - Defendant has a prior felony drug conviction,
and - Case involves death or serious bodily injury.
20 Years to LIFE Without Parole
- Defendant convicted of possession with intent to distribute cocaine in Florida,
and - Case involves death or serious bodily injury.
1-30 Years Without Parole
- Defendant convicted of possession with intent to distribute cocaine in Florida,
and - Defendant has a prior felony drug conviction.
10 Months to 20 Years In Prison Without Parole
- Defendant convicted of possession with intent to distribute cocaine in Florida,
and - No prior felony drug conviction,
and - No death or serious bodily injury.
Supervised Release (Probation)
If released from prison, a person convicted of possession with intent to deliver cocaine in Florida shall be placed on the following terms of supervised release:
- 3 years if no prior felony drug convictions
- 6 years if at least one prior felony drug conviction