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The Lewin Law Firm, PLLC
561-710-2819​

Daniel Lewin

Fierce Advocacy. Genuine Compassion.

Possession With Intent To Sell In West Palm Beach

Florida law significantly increases the severity of criminal charges when law enforcement suspects a drug crime involves more than personal use. Prosecutors do not need to prove an actual exchange of money occurred to secure a conviction for intent to sell. They often rely on circumstantial evidence like the presence of scales, baggies or large amounts of cash to justify an enhanced felony charge. These allegations carry the risk of prison sentences and a permanent felony record that can disqualify you from future employment.

At The Lewin Law Firm, PLLC, I recognize that a single arrest can threaten your career and future. My name is Daniel Lewin, and I established this firm in 2014 to provide the advocacy required to challenge the state’s narrative in West Palm Beach. You will work directly with me, not a junior associate, to find the weaknesses in the prosecution’s case.

Indicators Of Intent To Distribute Trigger Enhanced Penalties

Possession with intent to sell is a serious charge where the state attempts to prove your objective was to manufacture, deliver or sell a controlled substance. Under Florida Statute 893.13, the prosecution must establish that you knowingly possessed the substance and intended to provide it to others. This intent is frequently inferred from packaging or quantity. Even if drugs were for personal use, digital scales or plastic bags can lead police to escalate charges. I will focus on addressing these assumptions with legal explanations for the evidence recovered.

Statutory Consequences Vary By The Type Of Controlled Substance

The classification of your charge and the potential prison time depend on the specific drug involved:

  • Schedule I and II substances: Drug possession cases involving cocaine or heroin generally carry penalties of up to 15 years’ imprisonment. Cases involving fentanyl or substantial amounts may result in enhanced charges with potential 30-year prison terms or may trigger mandatory minimum sentencing under trafficking statutes.
  • Schedule III and IV substances: Possession of certain prescription medications or anabolic steroids with intent to sell usually constitutes a third-degree felony with a five-year maximum sentence.
  • Cannabis: Possession of marijuana with intent to sell is a third-degree felony. A conviction for any drug offense in Florida results in a mandatory six-month driver’s license suspension under Florida Statute 322.055.
  • Proximity enhancements: Penalties increase to a higher felony degree if the alleged offense took place within 1,000 feet of a school, park or place of worship.

My firm will examine the specific details of your arrest to check if the state has overcharged you based on faulty evidence or illegal search tactics.

Direct Attorney Access For Your Defense

Facing the Palm Beach County justice system requires an attorney who investigates the details others overlook. I prioritize litigation over quick plea deals. I provide the personal attention of a boutique firm with a deep understanding of local court procedures, investigating every motion to suppress to protect my client’s rights.

Common Questions Regarding Intent To Sell Allegations

If you are facing drug charges, you likely have questions about your options and the legal process. Here, I have provided answers to some of the questions my clients often ask when charged with intent to sell.

What is the difference between possession and possession with intent to sell?

Simple possession of most controlled substances is a third-degree felony. However, possession of under 20 grams of cannabis is a first-degree misdemeanor. Intent to sell upgrades the charge to a higher felony degree (for example, from a five-year max to a 15-year max for cocaine).

Can I be charged with intent to sell if the drugs were for personal use?

Yes, police frequently overcharge based on cash or packaging. I work to show the quantity is consistent with personal consumption.

Will I go to prison for a first offense?

While prison is possible, first-time offenders may be eligible for diversion or drug court. I advocate for these options to avoid a permanent conviction.

Can a conviction be expunged?

In Florida, you cannot expunge a record if you are adjudicated guilty of a felony. If I secure a dismissal or a “withhold of adjudication,” you may be eligible to seal or clear your record.

Contact A West Palm Beach Drug Defense Attorney

A felony drug charge requires a response. The Lewin Law Firm, PLLC, provides representation for high-stakes cases in Palm Beach County. Call 561-710-2819 or fill out this contact form to speak with me about your case.