Under Florida Statute 893.13, a possession with intent charge in Broward County is a felony — and the State often overcharges it. Attorney Dave Simmons — a former Broward prosecutor and public defender — knows exactly how intent allegations are built and where they fall apart.
Strategic Defense to Possession With Intent to Sell or Deliver in Broward County
Quick Summary
- Possession with intent to sell or deliver is a felony in Florida — even if no drugs ever changed hands
- A second-degree felony conviction carries up to 15 years in Florida State Prison and mandatory license suspensions
- Prosecutors build these cases on scales, cash, and packaging — not proof of an actual sale
- Every element the State must prove is a potential point of attack
- With the right defense, these charges can be challenged, reduced, or dismissed before they ever reach trial
The officer pulls you over for a broken taillight. He sees a small bag of cocaine on the passenger seat and finds a digital scale in your backpack. Within minutes, you are in handcuffs — not for simple possession, but for Possession with Intent to sell or deliver, a second-degree felony carrying up to 15 years in Florida State Prison.
This happens every day in Broward County. Prosecutors do not need proof of an actual sale to file this charge. They rely on circumstantial evidence — packaging materials, scales, cash, or a quantity they claim is too large for personal use — and use it to turn a possession case into a felony. Possession with intent to sell or deliver is one of several serious drug charges we defend in Broward County — for a full overview see our Fort Lauderdale Drug Crimes Defense page.
As a former Broward County Assistant State Attorney and Assistant Public Defender, Attorney Dave Simmons has handled these cases from both sides of the courtroom. He knows how prosecutors build possession-with-intent cases — and exactly where those cases break down.
If you are facing a Possession with Intent to Sell or Deliver charge in Fort Lauderdale or anywhere in Broward County, call the Law Offices of Dave L. Simmons, P.A. at (954) 765-3540 for a confidential consultation.
Don't Wait Until Charges Are Filed
In possession with intent cases, what happens in the days immediately following your arrest may be the most important period of your entire case.
In Broward County, the State Attorney's Office reviews the arrest report and decides how — and whether — to formally file charges. That decision has not been made yet. An experienced attorney who contacts the assigned prosecutor before filing can present evidence and arguments that affect the charging decision directly:
- The drugs may be consistent with personal use, given your history and circumstances
- The indicia of sale may be weak or explainable
- The search that produced the evidence may have constitutional problems
- The facts may not support a felony filing at all
This is the window where cases get filed as simple possession instead of a second-degree felony — or declined entirely. Once charges are formally filed, that opportunity is gone.
As a former Broward County ASA, Attorney Simmons knows how charging decisions are made, who makes them, and what arguments carry weight before a filing decision is final. If you or someone you care about was just arrested, do not wait. Call (954) 765-3540 now.
What Is Possession With Intent to Sell or Deliver Under Florida Law?
Under Fla. Stat. § 893.13(1)(a), it is unlawful to sell, manufacture, deliver, or possess with the intent to sell, manufacture, or deliver a controlled substance.
This is a more serious charge than simple possession. The State does not have to prove you actually sold drugs — only that you intended to. That distinction allows prosecutors to pursue felony-level charges based entirely on the circumstances surrounding the arrest.
Elements the State Must Prove
To convict you of possession with intent, the prosecution must establish all four of the following elements beyond a reasonable doubt:
- You possessed a controlled substance — either actually or constructively
- You had knowledge of the presence of the substance
- The substance was a controlled drug as defined under Fla. Stat. § 893.03
- You intended to sell, manufacture, or deliver it
Each element is a potential point of attack in your defense.
Actual vs. Constructive Possession
Actual possession means the drugs were found on your person — in your pocket, your hand, or directly on your body.
Constructive possession is broader and more frequently contested. The State must prove two things: that you knew the controlled substance was present, and that you had dominion and control over it. This becomes critical in cases involving vehicles with multiple occupants, shared residences, or any situation where more than one person had access to the area where the drugs were found. If the State cannot link the drugs specifically to you, both the possession and intent charges may fail.
How Prosecutors Build an Intent Case
In Broward County, possession with intent cases are built on what prosecutors call indicia of sale — circumstantial factors used to argue the drugs were meant for distribution rather than personal use. Having handled these cases as both a prosecutor and a defense attorney, Attorney Simmons knows which factors carry weight and which ones can be dismantled.
Common indicia of sale used by Broward prosecutors:
- Digital scales — suggest weighing product for sale rather than personal use
- Multiple baggies or packaging materials — suggests pre-portioned product ready for distribution
- Larger quantities of drugs — prosecutors argue personal users don't need that much
- Large amounts of cash, especially small bills, are consistent with street-level transactions
- Weapons found nearby — frequently used to support and enhance charges
None of these factors alone proves intent. They are interpretations — and every one of them can be challenged.
Penalties for Possession With Intent in Florida
Penalties depend on the controlled substance involved.
Schedule I and II Controlled Substances (Cocaine, Heroin, Methamphetamine, MDMA) — Second Degree Felony | Fla. Stat. § 893.13(1)(a)(1)
- Up to 15 years Florida State Prison
- Up to 15 years probation
- Up to $10,000 fine
- 6-month driver's license suspension — Fla. Stat. § 322.055
- Immediate professional license suspension — Fla. Stat. § 893.11
Cannabis — Third Degree Felony | Fla. Stat. § 893.13(1)(a)(2)
- Up to 5 years Florida State Prison
- Up to 5 years probation
- Up to $5,000 fine
- 6-month driver's license suspension — Fla. Stat. § 322.055
- Immediate professional license suspension — Fla. Stat. § 893.11
If drug quantities meet Florida's trafficking thresholds, charges can escalate to Drug Trafficking — which carries mandatory minimum prison sentences regardless of your role in the alleged offense.
Location Enhancements: School Zones, Parks, and Public Housing
If the alleged offense occurred within 1,000 feet of a school, school bus stop, park, community center, public housing project, or place of worship, Florida law mandates enhanced penalties under Fla. Stat. § 893.13(1)(c):
- A Third Degree Felony becomes a Second Degree Felony
- A Second Degree Felony becomes a First Degree Felony — carrying up to 30 years in prison
Prosecutors in Broward County routinely use GPS data and maps to establish proximity. If you were arrested near any of these locations, this enhancement significantly changes your exposure.
Defenses to Possession With Intent in Florida
These cases are often built on assumptions. The right defense focuses on breaking those assumptions apart — and doing it before trial whenever possible.
Motion to Suppress — Unlawful Search and Seizure
The Fourth Amendment prohibits unlawful searches. If the officer lacked reasonable suspicion to stop you, or lacked probable cause or valid consent to search your vehicle, home, or person, the evidence may be suppressed. Without the drugs, the intent charge disappears with them. In Broward County traffic stops, Attorney Simmons examines:
- Whether the officer had a legitimate basis for the stop — a valid traffic violation or reasonable suspicion of criminal activity
- Whether the stop was unlawfully extended beyond its original purpose without independent justification
- Whether a K-9 sniff was conducted lawfully and within the duration of the stop
- Whether consent to search was truly voluntary or the product of coercion
- Whether the scope of the search exceeded what was authorized
Lack of Knowledge
The State must prove you knew the controlled substance was there. If the drugs were found in a borrowed vehicle, a bag you were holding for someone else, or a shared space, we challenge whether the prosecution can establish that you were even aware of the substance.
Personal Use Defense — No Intent to Sell
The prosecution must prove intent, not just possession. We present evidence that the quantity, packaging, and circumstances are fully consistent with personal use — testimony about the defendant's own use, the nature of the substance, and the absence of distribution paraphernalia all factor into dismantling the State's intent argument.
Constructive Possession Challenges
When drugs are found in a shared space — a car with multiple occupants, an apartment with roommates, a storage unit with multiple keyholders — the State must prove your dominion and control specifically. Proximity alone is not enough. If the link between you and the drugs is weak, we attack it directly.
Lab Testing and Chain of Custody Challenges
The State must prove that the substance is actually what they claim it is. We scrutinize:
- Lab reports and analyst credentials
- Testing methodology
- Chain of custody from seizure through trial
Errors anywhere in that chain can create reasonable doubt.
Negotiating Reduction to Simple Possession
Even when the evidence is substantial, experience matters. In many cases, the most effective outcome is negotiating the charge down from a second-degree felony to simple possession, which may qualify for diversion, drug court, or probation without a prison sentence.
Why Experience on Both Sides Matters
Possession with intent charges are built on prosecutorial discretion — the decision to upgrade a possession case into a felony based on inferences rather than direct evidence of a sale. Attorney Simmons has made those decisions from the prosecutor's chair. He knows which cases are strong, which ones are overcharged, and where the weaknesses are that prosecutors would rather you not find.
With 27+ years of experience as both a former Broward County ASA and Assistant Public Defender in the same jurisdiction where he now defends, Dave Simmons brings a perspective most defense attorneys in South Florida simply cannot offer.
Frequently Asked Questions
What is the difference between drug possession and possession with intent to sell in Florida?
Simple possession means the drugs were for personal use. Possession with intent to sell or deliver alleges you planned to distribute them. The State does not need proof of an actual sale — only evidence suggesting you intended to sell, such as packaging, quantity, or surrounding circumstances.
Can I be charged with intent to sell if no drugs actually changed hands?
Yes. Florida law allows prosecutors to file possession-with-intent charges based solely on circumstantial evidence — no transaction needs to have occurred.
How do prosecutors prove intent to sell in Broward County?
They rely on indicia of sale: scales, baggies, large amounts of cash, and quantities larger than what they consider consistent with personal use. The State must present corroborating evidence — quantity alone is not sufficient to prove intent.
Can a possession with intent charge be reduced?
Yes. Depending on the facts, your attorney may be able to negotiate the charge down to simple possession, seek entry into a diversion program, or argue for a withhold of adjudication that avoids a formal conviction on your record.
Will I go to prison if convicted of possession with intent to sell cocaine?
A conviction is a second-degree felony punishable by up to 15 years in Florida State Prison. Whether you serve prison time depends on your prior record, the specific facts, and Florida's Criminal Punishment Code scoresheet. An experienced attorney can identify arguments that affect your scoresheet calculation and sentencing exposure.
Does the location of my arrest affect the severity of the charge?
Yes. If the alleged offense occurred within 1,000 feet of a school, school bus stop, park, community center, or public housing project, the charge can be enhanced by one degree under Fla. Stat. § 893.13(1)(c) — potentially turning a second-degree felony into a first-degree felony carrying up to 30 years.
What happens to my driver's license if I am convicted?
Under Fla. Stat. § 322.055, a conviction results in a mandatory 6-month driver's license suspension by the Florida DHSMV.
What happens to my driver's license if I am convicted?
Under Fla. Stat. § 322.055, a conviction results in a mandatory 6-month driver's license suspension by the Florida DHSMV.
For more information on Florida drug laws, return to our Broward County Drug Crimes Defense Hub.
