Oxycodone is a semisynthetic opioid that doctors prescribe for patients in need of relief from moderate to severe pain. As an opioid analgesic, oxycodone works by changing the way that the nervous system and brain in an individual respond to pain. One brand of oxycodone is OxyContin, which has a timed release. In Florida, a conviction of oxycodone trafficking is punished harshly. The penalty depends on the aggregate weight of oxycodone or any mixture that includes it. At Hanlon Law, Tampa oxycodone trafficking lawyer Will Hanlon provides knowledgeable and aggressive representation for drug trafficking charges related to this substance or others.Oxycodone Trafficking
In Florida, you can be charged with oxycodone trafficking regardless of the amount of oxycodone in a mixture. The aggregate weight of a mixture, including inactive materials, matters, not just how much the oxycodone weighs as an active ingredient.
Why does this matter? Unlike some other drug charges, there are harsh mandatory minimums associated with oxycodone trafficking. You can be convicted of oxycodone trafficking if the prosecution is able to show beyond a reasonable doubt that you knowingly sold, bought, manufactured, delivered, or brought into Florida, or are knowingly in actual or constructive possession of, seven grams or more of oxycodone or any salt of oxycodone, or of a mixture containing oxycodone or any salt of oxycodone. Oxycodone trafficking is a felony in the first degree.Oxycodone Trafficking Mandatory Minimum Sentences
|Amount of Oxycodone||Imprisonment||Fine|
|7-14 grams||3 year minimum||$50,000|
|14-25 grams||7 year minimum||$100,000|
|25-100 grams||15 years minimum||$500,000|
|100 grams-30 kg||25 years minimum||$750,000|
In addition, if you have a professional license issued by the State of Florida, your professional license is subject to an emergency suspension.Defenses to Trafficking in Oxycodone
It is important to call an oxycodone trafficking attorney in the Tampa area as soon as you realize that you are being investigated for oxycodone trafficking. If you can call an attorney even before you have been arrested, that can give you a greater likelihood of obtaining a dismissal or having a good outcome at trial. Some common defenses include constitutional protections.
For example, law enforcement officers may have violated your Fourth Amendment rights by not having a warrant, failing to execute the warrant properly, not having probable cause to obtain the warrant, exceeding the scope of the search permitted by the warrant, using stale information to get the warrant, an absence of exigent circumstances for a search without a warrant, or a warrantless search within the curtilage of a residence. Other defenses may arise in connection with your Fifth or Sixth Amendment rights under the Constitution.
The prosecution must prove its case beyond a reasonable doubt. This is a very high burden of proof, and sometimes it is possible to defend an oxycodone case by raising reasonable doubt about one or more elements of the charge. When the requisite amount of oxycodone is found in your pocket, actual possession may be straightforward to establish. However, in many cases, oxycodone is located in a place where more than one person has access or control. In those cases, the prosecution must prove constructive possession, which is harder to prove. To show constructive possession of the amount of oxycodone necessary to establish trafficking, the prosecution will need to show that you knew that the substance was present, you knew that the substance contained oxycodone, and you had dominion and control over it.
Sometimes people are arrested and charged with oxycodone trafficking even when they have a valid prescription for it. We may be able to get your charges dismissed if you have a valid prescription.Consult a Dedicated Oxycodone Trafficking Lawyer in Tampa or Beyond
You should take oxycodone trafficking charges brought in Florida very seriously. Our founder, Will Hanlon, is a drug crime lawyer who has provided aggressive criminal defense counsel and representation since 1994. We are committed to protecting the rights of the accused and provide personalized attention to each of our clients' cases. You can call Hanlon Law at 813-228-7095 or use our online form to arrange an appointment with a Tampa oxycodone trafficking attorney.