Oxycodone is a pain relieving drug that one can only legally obtain through a prescription. As one of the main ingredients in and , Oxycodone is a highly addictive drug with an exceptionally high risk of abuse.
The United States classifies Oxycodone as a . Getting caught in possession of less than seven grams is a third-degree felony. However, those found in possession of seven grams or more face drug trafficking charges which can result in anywhere from three to 25 years in prison.
Oxycodone is sold under the brands Oxycontin, Roxicodone, Xtampza RZ, and many more. This narcotic serves the purpose of treating moderate to severe pain and can only be obtained through a doctor’s prescription. The state of Florida recognizes Oxycodone as a Schedule II drug (Schedule I being the most dangerous and Schedule V being the least dangerous) due to its high addiction and dependence risk. Those caught with this drug without a valid prescription my face charges for possession of a controlled substance. Even those with a prescription may face charges for the following reasons:
- Not having the drug in its original container (in a baggy, napkin, generic pill box, etc.)
- Driving under the influence of prescription drugs
- Fraudulently obtaining prescription drugs
- Selling prescription drugs
- Forging a prescription
- Doctor shopping
If you or someone you know is facing drug possession charges, don’t hesitate to secure the services of an experienced drug offense attorney. The Orlando Oxycodone possession defense lawyer乐福彩票网s at The Umansky Law Firm can provide you with the experienced criminal defense needed to mitigate charges and penalties. Bring your case to us, and we can make you aware of your legal defense options.
Penalties for Oxycodone Possession in Florida
Florida is one of the many states that take drug charges seriously. To help curb the use, abuse, and trafficking of illicit controlled substances, Florida implements severe penalties for all drug charges. Possession of less than seven grams of Oxycodone is a third-degree felony in Florida punishable by:
- Up to 5 years in prison
- Up to 5 years on probation
- $5,000 in fines
When determining the weight of a drug, law enforcement officials do not look at the dosage but instead the weight of the pills itself. So even if the dosage of Oxycodone is fewer than seven grams, if the total weight of the pills exceeds seven grams, you can face drug trafficking charges.
Defenses Against Oxycodone Possession Charges
The State is unrelenting in the way they prosecute alleged drug offenders. To help ensure that you do not face excessively severe criminal punishment, acquire the legal counsel of an Orlando Oxycodone possession defense lawyer乐福彩票网. Our legal team can review the facts of your case and explore the most applicable defenses to the presented charges.
Some of the most effective defenses in drug possession cases include the following:
- Lack of Knowledge: You did not know that the drug was in your possession. You must also testify that your lack of knowledge extends to the legality of the drug to apply this defense.
- Temporary Possession: You only had temporary, transitory, or momentary possession of the drug and never had complete control or dominion over the substance.
- Illegal Search & Seizure: Law enforcement overstepped their authority by coercing you to agree to a search or simply required you to submit to a search. It such instances, any evidence found during the search will be suppressed.
- Prescription Defense: People are often arrested for Oxycodone possession due to being unable to produce a valid prescription or recently dispensed bottle. By getting your doctor to write a letter detailing the amount prescribed or providing a prescription, we can get the charges dropped.
- Constructive Possession: More than one person had access to the drug. When refuting the defense, the State must prove that you had knowledge of the drug’s presence and that you had dominion and control over the drug.
- Overdose Defense: You were experiencing an overdose or assisting an individual experiencing an overdose at the time the drugs were found. In such instances, you are immune from prosecution.
Presenting the right defense to your charges can be the difference between years in prison and being able to walk free. A seasoned criminal defense attorney with The Umansky Law Firm can make sure that you get the attention needed to settle your legal dispute on the most favorable terms.
Orlando Oxycodone Possession Defense Lawyers
The Orlando Oxycodone possession lawyer乐福彩票网s at The Umansky Law Firm have over 100 years of combined legal experience that we can put to use to your benefit. As former state and local prosecutors, we have a thorough understanding of how the State will approach a drug possession case. Allow us to put our decades of experience to work for you. Contact us today at 407-228-3838 for a free case evaluation.