Drug-related crimes receive heightened attention from police, prosecutors, and judges when they occur within a school zone. The threat of introducing young children to dangerous and addictive drugs has motivated the Florida legislature to enact very strict criminal laws and enhanced penalties for anyone convicted of distributing controlled substances within 1,000 feet of any school.
Stechschulte Nell, Attorneys at Law, represent people accused of serious drug offenses to ensure that their legal rights are properly respected, that law enforcement and judicial officers act in accordance with the law, and to protect people wrongly accused and those with mitigating personal circumstances from being unjustly convicted and punished.
School students should be protected, but so should those accused of a crime by powerful government authorities with unlimited resources that can be unfairly weaponized against a single individual. If you or your family member is charged with selling, manufacturing, or distributing drugs within a school zone, contact the experienced professional criminal defense lawyers at The Stechschulte Nell Law Firm in Tampa.
What Counts as Drug Crimes in School Zones in Florida?
Drug offenses are always serious crimes in Florida where some of the nation’s most severe penalties are imposed on those dealing, manufacturing, or trafficking illegal controlled substances. However, especially harsh penalties are imposed on those convicted of selling, manufacturing, delivering, or possessing with intent to sell, manufacture, or deliver drugs within 1,000 feet of particular buildings, businesses, churches, or playgrounds.
In fact, the locations where this special legal zone exists include the following places in Florida:
- any real property comprising a childcare facility
- public or private elementary school, middle school, or secondary (high) school
- state, county, or municipal park
- community center
- publicly owned recreational facility.
The law specifies that the special prohibition relating to childcare facilities and schools applies between 6 am and 12 midnight. The exception for crimes in the area committed between midnight and 6 am is generally intended to recognize that enhanced penalties may not be indicated if children are not present on the grounds.
However, as for the other locations specified in the statute, the enhanced criminal penalties will be applied no matter what time of day or night the offense is committed.
Penalties Depend on the Classification of Drug Being Sold, Manufactured, or Distributed
One of the most significant enhanced penalties imposed on a person convicted of committing a prohibited drug offense in a school zone is a mandatory minimum 3 years prison term. And because the offense can be a first-degree felony, the maximum penalty is up to 30 years in state prison with a $10,000 fine.
The penalties typically imposed in drug dealing cases are enhanced by one level when they occur in a Florida school zone. So, if a person is convicted of selling cocaine in a non-school zone, they face prosecution for a 2nd-degree felony carrying up to 15 years in prison. However, if the same offense occurs within 1,000 feet of a school, the crime is elevated to a first-degree felony carrying up to 30 years.
Similarly, if someone were prosecuted for a marijuana sale as a first-degree misdemeanor in a non-school zone, that same act would be prosecuted as a 3rd-degree felony if it occurred in a school zone. The potential sentence would then be up to 5 years in state prison.
Drug-Free School Zones Include Florida Colleges and Universities
Of course, society is concerned about the sale of drugs to children in elementary school and high school. The motivation to keep drugs away from these institutions is clear. However, the same law applies to post-secondary educational institutions.
Anyone who sells, manufactures, distributes, or possesses with intent to sell drugs within a thousand feet of a college or university in Florida faces the same enhanced penalties and mandatory minimum sentences as would be imposed if the school were for elementary students.
Defending Drug Charges in School Zones
Drug offenses that occur in school zones can result in especially severe criminal penalties and must be considered as very serious threats to the accused’s future. But experienced drug defense criminal lawyers regularly succeed in defeating these charges by using their knowledge of Florid criminal law and court procedures to challenge the prosecution evidence.
To obtain a conviction in the case of a school-zone drug crime, the state must prove every element of the offense beyond a reasonable doubt by the use of lawfully obtained evidence.
- Did the police have a warrant to search or seize the evidence?
- Was there probable cause to support the arrest of the defendant?
- Were promises and inducements made to witnesses in exchange for their testimony?
- Is there sufficient evidence to prove the drugs were possessed by the defendant?
- In the case of a childcare facility, was the property marked as required by law with appropriate signs?
All of these issues are only some of the many facts that must be examined and analyzed by skilled criminal defense specialists like Stechschulte and Nell, Attorneys at Law in Tampa.
Contact Stechschulte and Nell
As we conclude, remember that accusations of drug crimes in school zones carry severe implications. Navigating this challenging legal landscape necessitates expert representation.
Don’t risk your future with less experienced defense lawyers. Choose the board-certified criminal defense professionals at Stechschulte Nell to safeguard your rights and future. Reach out today at 813-280-1244.
