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Possession with the Intent to Distribute

Texas law is not kind to those convicted of drug possession. Most controlled substance offenses have harsh penalties that can be life-long. If an individual is charged with possession and intent to sell a controlled substance, they may have enhanced penalties.

Now, instead of just labeled as a drug user, the offender is charged as a drug dealer. It can be difficult to prove to a jury with these identifiers in place.

Prosecutors will use any circumstantial or physical evidence available to paint a negative image of the offender. They may portray the defendant as a danger to the community, or even a danger to society.

Before you can be charged with possession with intent to distribute, the prosecutor must have proof of several elements. It must be proven that the individual possessed the controlled substance and aimed to sell it to the public. These offenses can be tricky to prove.

If you are facing drug charges, it is imperative they get representation from a qualified criminal defense attorney.

Lawyer for Possession with Intent to Sell Crimes in Dallas, Texas

A charge for possessing illegal drugs can alter your lifestyle entirely. Now, imagine the consequences of being labeled as a drug dealer would do to your future? 

Having the counsel and defense of a qualified criminal defense lawyer can help reduce your charges, or possibly have your case completely dismissed. Do not deal with the complexities of your charge alone.

If you are facing charges for possession or other related drug crimes in the Dallas-Fort Worth Metroplex area, find solutions today with Law Offices of Richard C. McConathy.

It is in your best interest to stay quiet until you have formulated a good legal defense. Our attorneys at Law Offices of Richard C. McConathy will steer you in the right direction. We understand how terrifying these charges can be, and strive for the best possible outcome for your case.

All the attorneys at Law Offices of Richard C. McConathy are experienced in criminal defense. Our offices are located in Plano, Allen, Fort Worth, Denton, and Dallas, TX, making us well-versed in fighting drug offenses in the greater Dallas area. With Law Offices of Richard C. McConathy on your side, you do not need to worry if you are out of reach for legal help in the Nortex community.

Preparing a defense for these heavy charges is as easy as dialing (972) 233-5700, or simply filling out an online contact form. Be proactive and contact Law Offices of Richard C. McConathy for legal representation.

Meet an attorney and have your free initial consultation today.


Common Evidence for Distribution of a Controlled Substance

Being convicted of possession with intent to sell involves more than possession of the illegal drug itself. Usually, more evidence is required for a full conviction. For instance, if law enforcement finds a large quantity of the illegal drugs and packing material.

Some types of circumstantial evidence that can be used include, but are not limited to:

  • Purity or quality of the controlled substance;
  • Arrest location (if the charge occurred in a drug active area);
  • Electronic messages, such as text or email, concerning the illegal drug to other individuals;
  • Large amounts of cash; and,
  • Drug paraphernalia such as scales, baggies, or other packaging materials.

Penalties Surrounding Intent to Distribute in Texas

The Texas Controlled Substance Act categorizes the criminal offenses for the alleged distribution of an illegal drug. All penalty regarding the deliberate selling, manufacturing, and possessing of a controlled substance is a felony. Felony convictions can, at maximum, result in life imprisonment.

Texas law assigns all drugs and their offenses under different Penalty Groups based on their potential for abuse. Consequences for possession with intent to sell depend on the quantity and Penalty Group of the illegal drug.

Penalty Group 3 & 4

The controlled substances in this Penalty Group have the lowest potential for misuse. These drugs generally have a medical purpose including, opiates, opioids, methylphenidate, and prescription medications that you may have in your medicine cabinet.

 Penalty Groups 3 & 4

 Amount

 Classification

 Penalty

The controlled substances in this group are filed under Texas Health and Safety Code § 481.114;

Methylphenidate (known as Ritalin), Valium, Anabolic Steroids, and a range of prescription medications.

 400 grams or more

 Enhanced First-Degree Felony

 Min. of 10 years up to 99 years or life in prison and a fine of up to $100,000.

200 grams or more, but less than 400 grams.

First-Degree Felony

 Up to 99 years or life in prison and a fine of up to $10,000

 28 grams or more but less than 200 grams.

Second-Degree Felony

Up to 20 years in prison and a fine of up to $10,000

Under 28 grams.

State Jail Felony

Up to two years in state jail and a fine of up to $10,000


Penalty Group 2

All the drugs in Penalty Group 2-2A are filed under a higher potential for abuse. These drugs are not legal like some in Penalty Group 3 & 4.

 

Penalty Group 2-2A

 

 

Amount

 

 Classification

 

 Penalty

 

The controlled substances in this group are filed under Texas Health and Safety Code § 481.113;

Methylenedioxy-methamphetamine (Ecstasy, MDMA, or Molly), Psilocybin (mushrooms), Amphetamine, Methaqualone, and other hallucinogens.

400 grams or more

 Enhanced First-Degree Felony

 Min. of 10 years up to 99 years or life in prison and a fine of up to $100,000

4 grams or more but less than 400 grams

 First-Degree Felony

Up to 99 years or life in prison and a fine of up to $10,000

1 gram or more but less than 4 grams

Second-Degree Felony

Up to 20 years in prison and a fine of up to $10,000

Under 1 gram

 State Jail Felony

Up to two years in jail and a fine of up to $10,000


Penalty Group 1-A

The following Penalty Group includes the hallucinogen LSD. LSD quantity is calculated differently than most drugs. Texas law states the amount of LSD is to be defined by units rather than ounces, grams, or pounds. One unit of LSD usually is the same as one "tab" or square.

Penalty Group 1-A

Amount

 Classification

 Penalty

The controlled substances in this group are filed under Texas Health and Safety Code § 481.1121;

Lysergic Acid Diethylamide (LSD), including isomers, salts, salts of isomers, and other compounds.

4,000 or more units

 Enhanced First-Degree Felony

Min. of 15 years up to 99 years or life in prison and a fine of up to $250,000

80 or more units but fewer than 4,000 units

First-Degree Felony

Up to 99 years or life in prison and a fine of up to $10,000

20 or more units but fewer than 80 units.

Second-Degree Felony

Up to 20 years in prison and a fine of up to $10,000

Fewer than 20 units

State Jail Felony

Up to two years in jail and a fine of up to $10,000

 

Penalty Group 1

All Penalty Group 1 drugs have incredibly heavy consequences. Some examples of Penalty Group 1 substances include painkillers, such as codeine or oxycodone, opium derivatives or opiates such as heroin, cocaine, ketamine, and more.

 

 Penalty Group 1

 Amount

 Classification

 

Penalty

 

The controlled substances in this group are filed under Texas Health and Safety Code § 481.112;

Heroin, Methamphetamine, Cocaine, Oxycodone, Hydrocodone, and more.

 

 

 

 400 grams or more

 Enhanced First-Degree Felony

Min. of 15 years up to 99 years or life in prison and a fine of up to $250,000

200 grams or more but less than 400 grams

 Enhanced First-Degree Felony

 Min. of 10 years up to 99 years or life in prison and a fine of up to $100,000

4 grams or more but less than 200 grams

 First-Degree Felony

 Up to 99 years or life in prison and a fine of up to $10,000

 1 gram or more but less than 4 grams

First-Degree Felony

Up to 20 years or life in prison and a fine of up to $10,000

Less than one gram 

State Jail Felony


Up to two years in state jail and a fine up to $10,000

 

 


Additional Resources

Texas Health and Safety Act - Visit the Texas State Legislature website to read the statutory language about possession with intent to distribute regarding illegal drugs. See the specifics on how each drug is classified and what sort of individuals are legally allowed to deliver the listed controlled substances. 

Texas Families Against Mandatory Minimums (FAMM) - Learn about Families Against Mandatory Minimums (FAMM), a non-profit organization whose mission is to fight smart sentencing laws that protect public safety. Here you can read facts regarding Texas State's prisons, as well as information surrounding mandatory minimum laws. FAMM also has listed ways to advocate for sentencing reform.


Locating an Attorney for Possession with Intent to Sell in Dallas County, Texas

Have you or a loved one been accused of possession with intent to sell in the Dallas-Fort Worth-Arlington metroplex area? Keep silent with law enforcement, and find good legal representation immediately.

Do not hesitate and call Law Offices of Richard C. McConathy today to formulate a defense to preserve your civil rights.

 Law Offices of Richard C. McConathy is experienced with criminal defense, and will aggressively attack your charges to possibly reduce, or even drop your case entirely. We accept clients in Plano in Collin County, Fort Worth in Tarrant County, Denton in Denton County, and Dallas in Dallas County. It is vital that you have an attorney who can be your partner in the North Texas area.

Our attorneys are practiced in combating controlled substance cases after an arrest by local law enforcement agencies including Grand Prairie, Ferris, Red Oak, Desoto, Lancaster, Glen Heights, Wilmer, Hutchins, Seagoville, Arlington, and Mesquite.

We also accept clients after a drug investigation involving, the Drug Enforcement Agency (DEA), the Federal Bureau of Investigations (FBI), or Immigration & Customs Enforcement (ICE).

We want to fight for your civil rights. Schedule a free consultation online, or simply dial (972) 233-5700 today. Do not wait another second for legal representation and your future.


This article was last updated Tuesday, May 8, 2018

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