The penalties for trafficking cocaine are the most severe of all the cocaine crimes. This is due to the Government’s reaction to the explosion of cocaine offenses during the 1980’s. In an effort to curb the violence, drug abuse, and financial crimes, laws were enacted that severely enhanced the penalties for trafficking in cocaine.
Florida Minimum Mandatory Sentences
The following chart outlines the minimum mandatory penalties for trafficking cocaine – by quantity. Put simply, the more cocaine that was allegedly trafficked, the more minimum mandatory prison one is facing.
Penalties for trafficking cocaine include:
28 grams or more, but less than 200 grams:
- Minimum: 3 YEARS
- Maximum: 30 YEARS
200 grams or more, but less than 400 grams:
- Minimum: 7 YEARS
- Maximum: 30 YEARS
400 grams or more, but less than 150 kilos:
- Minimum: 15 YEARS
- Maximum: 30 YEARS
150 kilos or more:
- Minimum: LIFE WITHOUT PAROLE
Clearly, trafficking in cocaine is a charge that must be defended at all costs. Historically speaking, these minimum mandatory prison sentences exists due to the overwhelming problem Florida had with trafficking in cocaine years ago.
In response to the explosion in cocaine trafficking in the 1980’s, local, state, and federal governments enacted a multi-tiered response. Part of that response included hefty prison sentences to deter people from trafficking in cocaine.
While trafficking in cocaine has subsided in comparison to the 1980’s, the minimum mandatory prison sentences still persist. It is extremely unlikely that any of these minimum mandatory prison sentences will disappear any time soon.
One common question clients have for criminal defense attorneys in regards to minimum mandatory prison sentences for trafficking in cocaine concerns how first time offenders are treated. The answer is both simple and complicated at the same time.
The simple answer is that the law does not provide any special leniency for first time offenders accused of trafficking in cocaine. Put simply, if you are charged with trafficking in cocaine you are subject to the penalty if you plead your case or are found guilty at trial.
However, if your criminal defense lawyer is able to uncover problems with the prosecution’s case a favorable plea bargain is a lot easier to obtain when the defendant does not have a prior criminal history.
In other words, when prosecutors are presented with legal issues about their case, they are less likely to negotiate with those who have criminal histories than those who are first time offenders. Put simply, it is easier for them to justify a reduction in sentence, a waiver of a minimum mandatory prison sentence, or a reduction in charges when they know they are dealing with someone who isn’t a hardened criminal.
It is important to note that prosecutors do not waive minimum mandatory prison sentences, reduce charges, or offer reduced sentences just because your criminal defense attorney asked them to. It also makes no difference whether you are willing to do community service hours, seek counseling or attend rehab.
The only thing that would motivate a prosecutor to act on a trafficking in cocaine case is a legal issue or an evidentiary problem.
Unlike possession of cocaine for personal use, trafficking in cocaine is the most severe commercial drug offense. Someone charged with trafficking in cocaine should not expect any mercy whatsoever from prosecutors.