Defending Armed Drug Trafficking Charges
Under Florida law, the term “armed trafficking” does not refer to a separate substantive crime. Rather, the term “armed trafficking” refers to the underlying offense of trafficking an illegal drug with an additional element.
The additional element requires proof that the crime was committed while the defendant either used, threatened to use, carried, or displayed a weapon or firearm.
To reclassify the level of a felony pursuant to sections 775.087(1)(a), (b), and (c), the prosecutor for the State of Florida must prove that the defendant either carried, displayed, used, threatened to use, or attempted to use a firearm. See Fla. Std. Jury Instr. (Crim.) 3.3(a).
Furthermore, for an armed trafficking offense, the prosecutor may be permitted to add an additional 18 points on the Florida score sheet for use of a firearm depending on how the offense is charged.
Attorneys for Armed Trafficking Drug Crimes in Tampa, FL
If you have been charged with the very serious offense of armed trafficking, then contact an attorney in Tampa, FL, at the Sammis Law Firm to discuss the particular facts of your case. Our attorneys represent clients with “armed trafficking” and related drug crimes throughout the greater Tampa Bay area.
Contact us for a free consultation. We can help you fight the case at every stage of the case from the first appearance, the Nebbia bond hearing, arraignment, pre-trial conferences, motion hearings, or trial. By having an aggressive defense, you can fight for the best possible result in your case.
Our main office is located in downtown Tampa, FL. We also have a second office in New Port Richey. We fight cases throughout the following counties: Hernando, Pasco, Pinellas, Manatee, Sarasota, Hillsborough, and Polk.
Call (813) 250-0500 today.
Minimum Mandatory Sentencing Penalties for Armed Trafficking
Any minimum mandatory sentencing requirements for the underlying offense of trafficking in cocaine or another illegal drug will apply even when “armed trafficking” is alleged. The “armed” allegation essentially enhances the punishment further.
This additional element that the trafficking was “armed” provides a basis for the reclassification of the level of offense to a more serious charge under Florida Statute Section 775.087(1)(a).
Florida Statute Section 775.087(1)(a) provides as follows:
(1) Unless otherwise provided by law, whenever a person is charged with a felony, except a felony in which the use of a weapon or firearm is an essential element, and during the commission of such felony the defendant carries, displays, uses, threatens to use, or attempts to use any weapon or firearm, or during the commission of such felony the defendant commits an aggravated battery, the felony for which the person is charged shall be reclassified as follows:
(a) In the case of a felony of the first degree, to a life felony.
(b) In the case of a felony of the second degree, to a felony of the first degree.
(c) In the case of a felony of the third degree, to a felony of the second degree.
Types of Armed Trafficking Crimes under Florida Law
For more information on the very serious offense of “armed trafficking” contact a criminal defense lawyer with the Sammis Law Firm today to discuss the particular facts of your case.
We represent individuals charged with armed trafficking of an illegal drug, including the following:
- Marijuana or Cannabis;
- Possession of Drug Paraphernalia
- Prescription Drugs such as:
- OxyContin / Oxycodone
- Demerol / Meperidine
- Vicodin / Hydrocodone
- Valium / Diazepam
- Xanax / Alprazolam
- Ritalin / Adderall / Methylphenidate / Amphetamine
- Street Drugs such as:
- Methamphetamine / Meth / Crystal Meth
- PCP (Phencyclidine)
- Lysergic Acid Diethylamide (LSD)
- Psilocybin (Mushrooms)
- MDMA / XTC (Ecstasy)
Trafficking Prescription Drugs – Read more about how prosecutors in Florida approach charges for trafficking prescription drugs, including offenses related to obtaining a prescription by fraud and undercover sting operations involving the so-called “pill mills” or pain clinics.
Doctor Shopping for Prescription Drugs in Florida – One of the fastest growing areas of criminal drug prosecutions and investigations involve prescription medications, including allegations of doctor shopping and related criminal offenses.
Finding an Attorney for Armed Drug Trafficking in Hillsborough County
At the Sammis Law Firm, we represent clients charged with the very serious drug crimes in Tampa, FL, including drug trafficking, armed trafficking in cannabis, armed drug trafficking in cocaine, and trafficking-related crimes throughout Tampa, Hillsborough County and the surrounding areas of Florida.
We fight these serious cases throughout Hillsborough County and the surrounding counties of Hernando County, Pasco County, Pinellas County, Manatee County, Sarasota County, and Polk County, FL.
Contact us to speak with an experienced drug crimes defense attorney at the Sammis Law Firm, P.A., for a free, confidential consultation in the office or over the phone.
This article was last updated on Friday, July 24, 2020.