Heroin Possession

Heroin is a Schedule I controlled substance under both federal and state law.

Possessing even a small amount of heroin can result in significant penalties. In addition to lengthy terms of incarceration and large fines, a conviction for heroin possession can result in lifetime difficulties obtaining employment or housing.

Lawyer for Heroin Possession in Pensacola, Florida

If you were arrested for heroin possession in Florida, it is in your best interest to retain legal counsel as soon as possible. Terrezza Law defends clients in and around Pensacola, including Pensacola Beach, Gulf Breeze, Milton, and many nearby communities.

John Terrezza is a Pensacola drug crime attorney who represents people who have been charged with heroin or fentanyl possession. Call (850) 764-5291 or complete an online contact form today to take advantage of a free initial consultation.

Escambia County Heroin Possession Information Center

Heroin Possession Charges in Florida

Under Florida Statute § 893.13(6)(a), it is a third-degree felony if an alleged offender is in actual or constructive possession of heroin. Florida Standard Jury Instruction § 25.7 defines actual possession as the alleged offender being aware of the presence of the heroin and:

The heroin is in the hand of or on the alleged offender, or
The heroin is in a container in the hand of or on the alleged offender, or
The heroin is so close as to be within ready reach and is under the control of the alleged offender.

Constructive possession means the alleged offender was aware of the presence of the heroin, the heroin was in a place over which the alleged offender has control, and the alleged offender had the ability to control the heroin. The Jury Instruction notes that mere proximity to heroin is not sufficient to establish control over it when the heroin is in a place that the alleged offender does not control.

In order to be convicted of this crime, Florida Standard Jury Instruction § 25.7 also establishes that the state must prove the three following elements beyond a reasonable doubt:

The alleged offender knew of the presence of a controlled substance.
The alleged offender exercised control or ownership over that controlled substance.
The controlled substance was heroin.

Pensacola Penalties for Heroin Possession

The possible consequences of a third-degree felony conviction are severe. A sentence may include any combination of the following:

Maximum sentence of five years in prison;
Maximum fine of $5,000; and/or
Driver’s license revoked for six months.

While Florida Statute § 893.13(6)(c) states that alleged offenders who possess 10 grams or more of a Schedule I controlled substance like heroin can be charged with a first-degree felony, possession of four grams or more of heroin can actually result in first-degree felony charges for drug trafficking. First-degree felonies are punishable by maximum fines of $10,000 and maximum sentences of 30 years in prison.

Find a Lawyer for Heroin Possession in Pensacola, FL

Were you or your loved one recently arrested in Florida for possessing heroin? You should immediately contact Terrezza Law for help possibly getting criminal charges reduced or dismissed.

John Terrezza is a Pensacola drug crimes attorney serving communities throughout Escambia County and Santa Rosa County. In addition to defending clients against the initial criminal charges, he also helps clients with criminal appeals and expunction matters.

You can have our lawyer provide a complete evaluation of your case by calling (850) 764-5291 or sending us an online contact form for a free, confidential consultation.