Many drug possession charges in Pennsylvania can be broken down into two categories: personal use or the intent to distribute. While both charges are serious, the potential penalties may be much higher in cases involving the intent to sell or deliver controlled substances. You could benefit from the support of our King of Prussia drug crimes lawyer during this challenging situation.
At McKenzie Law Firm, P.C., we understand what is at stake after an arrest on these charges. Our founding attorney is a former prosecutor who is able to use that experience to your advantage. Reach out to our firm today and find out what our King of Prussia drug possession with intent to sell or deliver lawyer can do for you.
What Defense Strategies Do Our King of Prussia Lawyers Use in Possession With Intent to Sell or Deliver Cases?
If you have been charged with drug possession with intent to sell or deliver, you have different potential defense strategies to consider. A strong defense could help you beat or reduce your charges.
Taking the right approach might help you at trial or even when negotiating with the prosecutor for a lesser charge or a dismissal. Our King of Prussia drug possession with intent to sell or deliver lawyer can investigate your case and determine which of the following strategies might work for you:
We Could Argue That the Drugs Were Not Yours
A key part of the prosecution’s case is that you actually had a controlled substance in your possession. We could argue that these substances belonged to someone else or that you were not even aware of their presence. Possession is a crime of intent, meaning the state must show beyond a reasonable doubt that you knowingly possessed drugs.
We Can Claim You Lacked Intent to Sell or Distribute
This defense does not provide you with grounds to avoid a conviction entirely, but it could help you defeat allegations that you intended to distribute controlled substances. Our King of Prussia criminal defense lawyer could argue that the drugs in your possession were for personal use, which can lead to substantially lower penalties.
We Can Challenge Unlawful Searches and Seizures
One of the strongest defense strategies involves challenging the prosecution’s evidence on constitutional grounds. The police must have probable cause or your permission to search your home or vehicle. If they illegally conduct a search and seize evidence, we could have that evidence barred from trial.
For a free legal consultation with a possession with intent to sell lawyer serving King of Prussia, call (610) 680-7842
Will You Go To Jail for Drug Possession With Intent in King of Prussia?
A conviction for drug possession can lead to jail time, especially when you are found guilty of possession with intent to sell or distribute. The penalties associated with this crime depend on the specific substance in a person’s possession.
According to the U.S. Drug Enforcement Agency (DEA), the law categorizes drugs into groups known as Schedules. Schedule I narcotics are considered the most dangerous and habit-forming, while Schedule V is the least serious. Under 18 Pa. C.S.A. § 7508, penalties for possession with intent to deliver vary widely depending on the type and amount of drugs involved. For example:
- If you are convicted of intent to deliver at least five grams of amphetamines, you could face two and a half years in prison and a $15,000 fine
- Crimes involving heroin also involved a $15,000 fine, but the prison sentence increases to at least three years
- Previous convictions could drastically increase the penalties
It is important to remember that a conviction is never certain in your case. The right approach could lead to a dismissal, a victory at trial, or a plea bargain for a lesser offense. The team at David McKenzie Law, has secured these outcomes on behalf of our clients in the past, and we can work tirelessly to do the same for you. Call now to learn more.
Courts Consider Different Factors When Handing Down a Sentence for Possession With Intent to Sell Drugs
If you are convicted of this charge, the judge will consider a number of factors when determining your sentence. The courts have some leeway in handing down a sentence, but they will generally evaluate a set of specific factors to determine if leniency is appropriate.
Our criminal defense lawyer can work to reduce the penalties you face in numerous ways, from bargaining for a reduced charge to highlighting mitigating circumstances. We may do this during pretrial negotiations or in a courtroom setting, such as the Montgomery County Court of Common Pleas.
King of Prussia Possession With Intent to Sell Lawyer Near Me (610) 680-7842
What Is Possession With Intent to Distribute?
The difference between “simple” possession and possession with intent to sell or deliver is found in the name: intent. The prosecution must have evidence that you not only knowingly possessed drugs, but that you also did so with the plan of distributing them in some way. This is considered a more serious charge.
It is often impossible for the police and prosecutors to know your intentions with certainty. To show that you intended to distribute the drugs allegedly in your possession, the prosecution might rely on circumstantial evidence to make its case, such as:
- The type and amount of controlled substances found in a person’s possession. The authorities presume that large amounts of drugs are intended for sale instead of personal use.
- The presence of certain types of illegal paraphernalia. For example, possessing of scales and small baggies could be a sign of the criminal intent to distribute.
- Testimony from people who know you, including those who may claim they worked with you to sell or deliver drugs.
Whatever evidence the police have (or claim to have) on you, do not confess to anything before you speak to us. David McKenzie Law, can examine the details of your situation and do everything possible to get you home to your family as soon as possible.
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Reach Out to Our King of Prussia Drug Possession With Intent to Sell or Deliver Lawyer
Facing these allegations can be overwhelming, but you have the right to a vigorous defense. Beating drug crimes charges or avoiding the impact of a conviction may be possible, especially with the right legal team by your side.
Let David McKenzie Law, handle your case from start to finish. Contact us as soon as possible for a free consultation.
Call or text (610) 680-7842 or complete a Free Case Evaluation form
