Felony Charges for Possession with Intent to Distribute
If you have a lot of any one or more controlled substances, you can get charged with possession with intent to distribute.
Drug distribution is one of the most severe drug crimes in the criminal code and a conviction for possession with intent to distribute usually signals to people that the individual with the conviction is a drug dealer. The legislature has made distribution charges more severe than possession drug crimes in an attempt to try and stop drug use higher up the chain. Drug distribution charges start at a class A misdemeanor and move quickly into felony charges based on the type of drug that is being distributed. The most common drug being distributed of course is marijuana, and a first time distribution charge for marijuana is a 3rd degree felony.
Like a number of drug crimes, possession with intent to distribute is an enhanceable offense meaning that a charge for distribution is charged at one level higher if the individual being charged has already been convicted of the same offense. For example if the defendant has been convicted of marijuana distribution and is getting charged with marijuana distribution again then instead of being charged with a 3rd degree felony they will be charged with a 2nd degree felony.
Proving a Distribution Charge
For a prosecutor to prove a distribution charge they only have to prove a drug possession charge and then additionally prove that the defendant had the intent to distribute the controlled substance. Usually what the state will use to prove intent are things such as a scale or baggies that make it appear that the individual was working on packaging the controlled substance for sale. Additionally sometimes the amount of the controlled substance on its own can be used to show the defendant’s intent to distribute because there was more of the controlled substance then what could be considered an amount for personal use.
Drug distribution crimes are clearly a very serious matter, and it is very important that individuals being charged with a drug distribution crime hire a criminal defense attorney. If you have been charged with drug distribution then you should call the attorneys at *** today. We can answer your questions for free and can help guide you in your case to make sure you get the best outcome available and to make sure you fully understand every aspect of the process. Call or email us today to find out more.
