The Differences Between Drug Possession and Intent to Distribute
There is an important difference between simple possession of an illegal drug and having the intent to distribute one. Although each of these offenses involve illegal substances, the defense strategies and legal consequences differ significantly. Charges for drug offenses greatly depend on the specific facts of one case. Below, our San Diego drug offenses lawyer explains the differences between these charges.
Charges for Simple Possession vs. Intent to Distribute
When someone is charged with simple possession, it is typically because they have a small amount of a controlled substance and the small amount indicates it is only for personal use. You may face charges of simple possession if you are in possession of an illegal substance but there is no evidence that you planned to distribute or sell it to someone else.
The more serious charge is possession with intent to distribute. If you have been charged with this offense, law enforcement believes the substances were not just for personal use but that you had the intention of delivering or selling the substances. Evidence that can support intent to distribute charges include:
- Large quantities of a substance
- Packing materials, such as containers or baggies
- Large amounts of money
- Digital scales
- Communications, including text messages, with possible buyers
Actually selling substances is not a requirement for intent to distribute charges. Law enforcement must only believe that you planned to sell or deliver the substance.
Penalties for Drug Possession and Intent to Distribute
The legal penalties for drug possession differ drastically from intent to distribute. A conviction for simple possession can result in drug counseling, fines, probation, or community service. Sometimes, diversion programs are available that will allow you to have a clean record upon completion.
The penalties associated with a conviction for intent to distribute are far harsher than those of simple possession. People convicted of intent to distribute may face long prison sentences, felony charges, high fines, and a permanent criminal record. They may also face professional and social stigmas related to the charges.
To avoid the penalties associated with either charge, it is critical that you speak to a San Diego drug offenses lawyer. A lawyer can examine the evidence the prosecution is going to use against you, challenge whether a search was legal, determine if intent to distribute can be proven, and negotiate for alternative sentencing or reduced charges if appropriate.
Our Drug Offenses Lawyer in San Diego Can Help
If you are facing drug charges, do not go through the process alone. This could result in a forfeiture of your rights, mistakes in your case, and ultimately, the loss of your freedom. At Anthony Z. Vargas, Esq., our San Diego drug offenses lawyer can evaluate the facts of your case, advise you or your options, and develop a customized defense strategy that will help you and protect your future. Call us today at 858-859-1224 or fill out our online form to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.
Source:
law.justia.com/codes/california/2015/code-hsc/division-10/chapter-6/article-1/section-11350.a
