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 (888) 205-9314. 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
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