Understanding Possession with Intent: A Guide to Drug Charges in Greenville

December 7, 2023 |
Understanding Possession with Intent: A Guide to Drug Charges in Greenville

REPRESENTATION FOR THOSE CHARGED WITH POSSESSION WITH INTENT TO DISTRIBUTE, DELIVER, OR DISPENSE A DRUG

Possession with intent charges involve having a controlled substance to share with others, including delivering, distributing, or dispensing the drug. This legal charge hinges on the alleged intent to transfer the substance to others for various purposes.

Understanding the legal implications of possession with intent charges is crucial due to the potential life-altering consequences. Violations can be misdemeanors or felonies, depending on the controlled substance involved. The severity of penalties varies, but they often include fines and imprisonment. Furthermore, having a criminal record resulting from these charges can have far-reaching effects, impacting employment opportunities, housing prospects, and other life choices.

Engaging a skilled lawyer is paramount in these situations. A possession with intent attorney in Greenville can meticulously review case details, gather evidence, and construct a robust defense strategy. Their legal insights allow them to explore potential weaknesses in the prosecution's arguments, facilitating a fair and balanced trial.

Fedalei & Reid Law LLC is a criminal defense firm that handles possession with intent cases. With an extensive background in various drug crime matters, we're well-versed in crafting compelling arguments to cast doubt on the government's allegations. Our team works tirelessly to safeguard our clients' rights and pursue favorable outcomes.

A Greenville possession with intent lawyer can help navigate the complexities of criminal charges. Contact us at (864) 668-1661 today.

WHAT IS POSSESSION WITH INTENT?

The core definition of possession with intent revolves around two essential components: the presence of a controlled substance and the intent to perform specific actions with it.

In more concrete terms, charges can materialize when an individual has a controlled substance in their possession and intends to do either of the following:

  • Deliver or distribute: This refers to the actual or attempted transfer of the controlled substance to another party. It involves the movement of the drug from one person to another, whether for monetary gain, exchange, or any other purpose.
  • Dispense: Dispensing entails providing a controlled substance to its ultimate user. This encompasses various activities such as prescribing the drug, administering it, or packaging it for distribution to the end-user.

It's crucial to differentiate possession with intent from simple possession. In simple possession cases, an individual possesses a controlled substance for personal use. However, possession with intent takes the conduct further by including the intention to distribute the substance to another person. Because of this, possession with intent matters are more severe than simple possession.

FACTORS INFLUENCING INTENT

When determining intent, law enforcement officials consider various factors to establish whether an individual intended to distribute a controlled substance. These factors are assessed through direct and circumstantial evidence, offering a comprehensive perspective of the circumstances.

DIRECT EVIDENCE

Direct evidence consists of unequivocal indications that point to an individual's intent to distribute a controlled substance. This can include statements the person makes indicating their intention to sell drugs. Additionally, instances where an individual is caught delivering substances to an undercover police officer or observed distributing drugs to another person directly contribute to establishing intent.

CIRCUMSTANTIAL EVIDENCE

Circumstantial evidence involves drawing inferences from the context and surrounding circumstances to deduce intent. Large quantities of a controlled substance can suggest a plan to distribute rather than for personal use. Packaging materials such as baggies, scales, and other items associated with dividing or preparing substances for distribution can also contribute to building a case for intent. Paraphernalia commonly linked with drug distribution can further bolster the argument.

WHAT ARE THE POTENTIAL PENALTIES FOR POSSESSION WITH INTENT?

Possession with intent charges carry severe consequences that can significantly impact an individual's life. The potential penalties vary based on factors such as the type of controlled substance involved.

Below is a breakdown of possible sanctions that can be levied: 

  • Schedule I or II narcotic drug or LSD: In the case of a Schedule I or II narcotic drug or LSD, a violation can result in a felony charge. This can lead to imprisonment for up to 15 years and fines of up to $25,000. 
  • Any other Schedule I or II drug or a Schedule III substance: Possession with intent involving any other Schedule I or II drug or a Schedule III substance is also a felony. Individuals may face imprisonment for up to 5 years and fines up to $5,000 if convicted.
  • Schedule IV substance: When dealing with a Schedule IV substance, a misdemeanor charge can be imposed and lead to a prison term of up to 3 years, coupled with potential fines of up to $3,000.
  • Schedule V substance: Possession with intent involving a Schedule V substance results in a misdemeanor charge that could lead to confinement for up to 1 year and fines that may not exceed $1,000.

The penalties mentioned above pertain to first-time offenses. For subsequent violations, the consequences become even more severe. For instance, in the case of a Schedule IV substance, a second or subsequent offense escalates the charge from a misdemeanor to a felony, further amplifying the legal ramifications.

BUILDING A DEFENSE AGAINST CHARGES

Central to building a defense is the collection and examination of evidence. This can involve scrutinizing the circumstances of the arrest, evaluating the validity of search and seizure procedures, and delving into the accuracy of the evidence presented. Witnesses can be crucial in corroborating or challenging the government’s claims.

Navigating the justice system may require the help of a seasoned Greenville possession with intent attorney. Their understanding of precedents, laws, and court procedures equips them to construct a compelling defense to pursue an optimal result.

At Fedalei & Reid Law LLC, we understand the complexities of these matters. That is why we carefully handle each case, taking the time to get to know our clients and their circumstances.

Building a comprehensive and strategic defense begins with a phone call. Reach out by calling (864) 668-1661.