Tampa Attorney Discusses Armed Trafficking

Armed Trafficking under Florida Law

If you have been charged with the very serious offense of "armed trafficking" the general information below may be of interest. Contact the Sammis Law Firm to discuss the particular facts of your "armed trafficking" case with an experienced criminal defense attorney for specific legal advice on what you may need to do immediately to protect yourself from this serious charge.

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 that the crime was committed while the defendant either used, threatened to sue, carried, or displayed a weapon or firearm during the drug trafficking offense in Florida.

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 pursuant to 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.

To reclassify the level of a felony pursuant to sections 775.087(1)(a), (b), and (c), the standard jury instructions require that the jury be instructed that the State must prove that the defendant either carried, displayed, used, threatened to use, or attempted to use a firearm. 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.

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. Call 813-250-0500. 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 / Oxycodon
  • Demerol / Meperidine
  • Vicodin / Hydrocodone
  • Valium / Diazepam
  • Xanax / Alprazolam
  • Ritalin / Adderall / Methylphenidate / Amphetamine
• Street Drugs such as:
  • Cocaine
  • Heroin
  • Methamphetamine / Meth / Crystal Meth
  • PCP (Phencyclidine)
  • Lysergic Acid Diethylamide (LSD)
  • Psilocybin (Mushrooms)
  • MDMA / XTC (Ecstasy)
  • Opium

At the Sammis Law Firm we represent clients charged with the very serious drug crimes, including drug trafficking and armed trafficking in cannibis to armed trafficking in cocaine and other illegal drugs throughout the State of Florida, including the following counties and cities: Tampa, Hillsborough County, St. Petersburg and Clearwater, Pinellas County, Bartow, Polk County, New Port Richey and Dade City, Pasco County, Brooksville, Hernando County, Bradenton, Manatee County, and Sarasota County, Florida. Call 813-250-0500 to speak with a Tampa Drug Trafficking Attorney for a free, confidential consultation.

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