Charged With Possession
w/Intent in Virginia?
Your Freedom May Depend on Getting the Best Legal Counsel!
A charge of possession with intent to distribute, or manufacturing a
controlled substance is a very serious charge with severe penalties. You
are facing mandatory jail time in many cases, if you are convicted.
But there are always defenses that an experienced criminal defense
lawyer who's beaten drug cases before can come up with. Consult with an
attorney immediately to preserve your best defense opportunities. If you
wait, there may not be time to file motions for discovery, motions to
suppress, or thoroughly investigate your case.
Is There a Specific Quantity of Drugs that Qualifies as Intent to
Distribute?
No. Even a tiny amount of a Schedule 1 or 2 controlled substance can
potential land you a charge of intent to distribute. In Virginia, the
police can charge possession with intent to distribute a controlled
substance based on the circumstances and other evidence at the scene -
cash, baggies, packaging, scales.
For marijuana, there are specific statutory guidelines for a
distribution charge, as follows:
Intent to Distribute Marijuana
Penalties
| Quantity |
Charge |
Penalty |
| Less than 1/2 oz |
Misdemeanor |
Up to 12 Months in Jail |
| Half an oz up to 5lbs |
Felony |
Up to 10 years in prison |
| More than 5lbs |
Felony |
Up to 30 years in prison |
Also see my marijuana possession
page.
Penalties - Possession With Intent to Sell, Distribute, or Manufacture a Controlled Substance - Penalties
Penalties for Possession with Intent are also based on the
classification into Federal drug schedules. The penalty for intent to
distribute, manufacture or sell is:
| Class |
Examples |
Penalty |
| Schedule I |
Heroin, Ecstasy (MDMA), LSD, GHB |
5 to 40 years in prison, fines up to
$500,000. For a second offense, up
to life in prison |
| Schedule II |
Cocaine, Methamphetamine, crystal meth, Morphine, PCP, Methadone, Ritalin |
5 to 40 years in prison, fines up to
$500,000. For a second (2nd) offense, up
to life in prison |
| Schedule III |
Anabolic steroids, Codeine and Hydrocodone (Vicodin,
Lorcet, Dolacet and others) with aspirin or Tylenol, Special
K (Ketamine), some barbiturates and other depressants |
1 to 10 years in prison |
| Schedule IV |
Many prescription drugs such as Darvon,
Talwin, Equanil, Valium (diazepam), Rohypnol, and Xanax, as
well as other tranquilizers. |
1 to 5 years in prison |
Defense Strategies
When my client is facing a serious felony accusation, I always look
for every opportunity to get the charges reduced and take the
risks of the most severe penalties off the table. Since a charge of
possession with intent is often somewhat subjective, I will vigorously
argue that the charges be reduced to
simple possession if I think there is a chance it will work.
I will also frequently file a motion to suppress the evidence
on the grounds of illegal search and seizure.
I've defended a number of cases of possession with intent, so I'll draw upon
my knowledge and experience to fight for the best outcome possible.
Don't give up hope,
even if you think you are guilty. Give me a call - I'll listen to your
case, review the evidence, and let you know what I would do to fight it,
and what I think your chances are.
If you are facing felony drug charges in Virginia, you need to
speak to an experienced criminal defense attorney right away. Call me now to schedule a no-obligation, no-risk, free
consultation at (866) 382-8646. I'll talk to you about your case, let you
know what you are facing, and let
you know exactly what I can do to help.
Sincerely,
The Attorneys of VaCriminalDefenseLawyer.com
---
Proudly defending my clients in Northern Virginia,
including the Counties of Prince William, Fairfax, Fauquier,
Arlington, Alexandria, Falls Church, Spotsylavnia, Warrenton,
Culpeper, Hanover, Caroline, and the cities of Manassas, Manassas
Park, Haymarket, Dumfries, Quantico, and Vienna, VA.
|
