A cocaine possession charge in Florida is a serious matter with potentially life-altering consequences. If you or a loved one has been arrested for DRUG1100 Possession of Cocaine in Tampa or Hillsborough County, it’s crucial to understand the charges and your legal rights. This article provides essential information about this charge and why contacting an experienced Tampa criminal defense attorney is your best course of action.

Understanding DRUG1100: Possession of Cocaine in Florida

In Florida, possession of cocaine is a felony offense. The specific charge, DRUG1100, falls under Florida Statute 893.13.1F. Here’s a breakdown:

• Form Code: DRUG1100
• Florida Statute: 893.13.1F (Linking to an external, authoritative source like the Florida Statutes is good for SEO and credibility)
• Level: Felony
• Degree: 3rd Degree (Generally, but see enhancements below)
• Description: Possession of Cocaine

Important Note: While simple possession of cocaine is typically a third-degree felony, Florida law includes enhancements that can increase the severity of the charges. One critical enhancement is detailed in 893.13(1)(f): possessing, selling, manufacturing, or delivering a controlled substance within 1,000 feet of a public housing facility. Cocaine falls under the controlled substances listed in 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., which means that possession within 1,000 feet of public housing automatically elevates the charge to a first-degree felony.

Penalties for Cocaine Possession in Florida:

The penalties for cocaine possession depend on the degree of the felony:

• Third-Degree Felony (DRUG1100 – Standard Possession):
  • Up to 5 years in prison.
  • Up to 5 years of probation.
  • Fines up to $5,000.
  • A permanent criminal record.
  • Driver’s license suspension.
• First-Degree Felony (Enhanced Charge – within 1,000 feet of Public Housing):
  • Up to 30 years in prison.
  • Up to 30 years of probation.
  • Fines up to $10,000.

Beyond the Direct Penalties:

A felony conviction, even for a third-degree felony, can have devastating long-term consequences:

• Difficulty finding employment: Many employers conduct background checks.
• Housing restrictions: Landlords may deny applications based on a criminal record.
• Loss of professional licenses: Certain professions may revoke licenses due to a felony conviction.
• Immigration consequences: For non-citizens, a drug conviction can lead to deportation or denial of citizenship.
• Loss of civil rights: This can include the right to vote or own a firearm.

Why You Need a Tampa Drug Crimes Defense Attorney:

DRUG1100 Possession of Cocaine is often charged in Hillsborough County. See our list of 250 ways to be charged with drug crimes in Tampa Bay. A skilled criminal defense attorney can make a significant difference in the outcome of your case. Here’s how an attorney can help:

• Investigate the Arrest: An attorney will thoroughly examine the circumstances of your arrest, including the legality of any search and seizure.
• Challenge Evidence: If the evidence was obtained illegally, your attorney can file a motion to suppress it, potentially leading to the charges being dismissed.
• Negotiate with the Prosecutor: An experienced attorney can negotiate with the prosecutor to potentially reduce the charges, secure a plea bargain, or explore options like drug court or diversion programs.
• Build a Strong Defense: Possible defenses include lack of knowledge (you didn’t know the cocaine was there), constructive possession issues (the cocaine wasn’t on your person), and challenging the lab analysis of the substance.
• Protect Your Rights: An attorney ensures your constitutional rights are protected throughout the legal process.

About W.F. “Casey” Ebsary Jr.

Tampa criminal defense attorney W.F. “Casey” Ebsary Jr. has dedicated his career to defending individuals facing drug charges in Florida. (https://drug2go.com/). He is a former drug crimes prosecutor and has a deep understanding of Florida drug laws and a proven track record of success. He is committed to providing aggressive and compassionate representation to his clients. See his qualifications here. (https://drug2go.com/)

Get a Free Consultation – Contact Us Today:

If you or a family member has been charged with DRUG1100 Possession of Cocaine in Tampa, don’t wait to seek legal help. Contact the Law Office of W.F. “Casey” Ebsary Jr. for a free, confidential consultation. Call us at 1-877-793-9290 or fill out our online contact form. (https://drug2go.com/contact-casey-the-lawyer/

You can contact the Law Office of W.F. “Casey” Ebsary Jr. for a free consultation by calling 1-877-793-9290 or by filling out our online contact form. (https://drug2go.com/contact-casey-the-lawyer/).

FAQ: Cocaine Possession Charges (DRUG1100) in Tampa, Florida

What is DRUG1100?

DRUG1100 is the Florida code for Possession of Cocaine, a felony offense under Florida Statute 893.13.

Is possession of cocaine always a felony in Florida?

Yes, possession of any amount of cocaine is a felony in Florida. Simple possession is typically a third-degree felony, but it can be enhanced to a first-degree felony under certain circumstances, such as possession within 1,000 feet of a public housing facility, school, park, or other designated areas.

What’s the difference between a third-degree and a first-degree felony?

The penalties are significantly different. A third-degree felony carries up to 5 years in prison, while a first-degree felony carries up to 30 years in prison.

What if I didn’t know the cocaine was there?

“Lack of knowledge” can be a valid defense. The prosecution must prove beyond a reasonable doubt that you knowingly possessed the cocaine. If you genuinely were unaware of its presence (e.g., it was in a borrowed car or a friend’s bag), your attorney can argue this.

What is “constructive possession”?

Constructive possession means the drugs were not found on your person (e.g., in your pocket), but were found in a place where you had control over them (e.g., in your car’s glove compartment). To prove constructive possession, the prosecution must show you knew about the drugs and had the ability to exercise control over them.

What if the police searched me illegally?

If the police violated your Fourth Amendment rights against unreasonable search and seizure, your attorney can file a motion to suppress the evidence. If successful, the evidence (the cocaine) cannot be used against you, and the charges may be dismissed.

Are there any diversion programs for cocaine possession?

Depending on your prior criminal history and the specific circumstances of your case, you may be eligible for a drug court program or a pre-trial intervention (PTI) program. These programs typically involve treatment, counseling, and supervision. Successful completion can result in the charges being dismissed.

Will a cocaine possession conviction affect my job?

Yes, a felony conviction can have a significant impact on your employment prospects. Many employers conduct background checks, and a drug conviction can make it difficult to find a job or maintain professional licenses.

How can a lawyer help me with a DRUG1100 charge?

A lawyer can:

Investigate the facts of your case.
Identify legal defenses.
Negotiate with the prosecutor.
Represent you in court.
Protect your rights throughout the process.
Help you understand your options and make informed decisions.

How do I contact W.F. “Casey” Ebsary Jr.?

Contact us online or you can reach the Law Office of W.F. “Casey” Ebsary Jr. for a free consultation by calling 813-222-2220.

Possession of Cocaine

If you have been charged with DRUG1100 POSSESSION OF COCAINE you can call a Defense Attorney Tampa at 1-877-793-9290 and tell me your story.

Form Code: DRUG1100

Florida Statute: 893.13.1F
Level: Fel (Felony)
Degree: 3rd
Description: POSSESSION OF COCAINE

DRUG1100 POSSESSION OF COCAINE is often charged in Hillsborough County, Florida.

Title XLVI CRIMES
Chapter 893 DRUG ABUSE PREVENTION AND CONTROL
893.13 Prohibited acts; penalties.
(1)(f) Except as authorized by this chapter, it is unlawful for any person to sell, manufacture, or deliver, or possess with intent to sell, manufacture, or deliver, a controlled substance in, on, or within 1,000 feet of the real property comprising a public housing facility at any time. For purposes of this section, the term “real property comprising a public housing facility” means real property, as defined in s. 421.03(12), of a public corporation created as a housing authority pursuant to part I of chapter 421. Any person who violates this paragraph with respect to:
1. A controlled substance named or described in s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4., commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
2. A controlled substance named or described in s. 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6., (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
3. Any other controlled substance, except as lawfully sold, manufactured, or delivered, must be sentenced to pay a $500 fine and to serve 100 hours of public service in addition to any other penalty prescribed by law.
Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220

Florida Statute § 893.135  Cocaine Minimum Mandatory Sentences

The Florida Statutes on Cocaine provide harsh minimum mandatory sentences that kick-in at 28 grams. The trafficking stakes become higher when 400 grams or 10,000 plants are alleged and proven by admissible evidence to a jury and/or sentencing judge in Florida State Courts.

Trafficking

Knowingly sells, purchases, manufactures, delivers, or brings into the state, or who is knowingly in actual or constructive possession of Cocaine:

Drug Amount                          Mandatory Minimum Sentence & Fine

28 – 200 grams                          3 years, $50,000 fine

200 – 400 grams                        7 years, $100,000 fine

400 grams – 150 kilograms        15 years, $250,000 fine

Contact Casey – Fighting for you or a friend. Law Office of W.F. ”Casey” Ebsary Jr 2102 W Cleveland St Tampa, Florida 33606 (813) 222-2220