Understanding the Difference: Intent and Delivery of Controlled Substances
All of the “drug” cases are not the same and neither are the penalties that can befall one when accused of delivery of controlled substances. Misdemeanor drug scenarios, even though major, are much less serious than felony drug situations. Drug distribution– that is simply an exchange of a dangerous drug, like marijuana, cocaine, or heroin, from someone to another person — is classed as a felony connected with drug offenses associated with “drug dealing.”
This is different from “intent to deliver,” which means that the accused person had an amount of the controlled substance that they intended to sell and spread to others. “Delivery of controlled substances” occurs during the sale. It does not matter what amount of money, or what form of currency is involved. As long as an exchange has been made, you can be charged with delivery of controlled substances and the severity of the penalties for this kind of felony will depend on the type of drug, the weight or amount of the drug and the person’s prior criminal convictions.
Turning Possession Into Delivery of Controlled Substances
When no purchase of medications has happened, the prosecutor may use a range of forms of evidence to setup the intent to move an abused substance arising from a possession charge. The prosecutor also can prove an intent to provide charge although no money was exchanged and the drugs were never actually delivered. While these charges are often based upon the quantity of the drug in one’s possession, the drug offense may also be established based on drug paraphernalia recommending an intent to sell the drugs, such as mail scales, possession of common cutting agents and baggies or balloons.
Because these sorts of regular household items do not establish illegal behavior taken in isolation, they are often offered as evidence along with the quality of narcotic in a person’s possession. Generally, the possession part of the charge is based upon the production of factual evidence while the intent to deliver portion of the charge is most usually proven based on inconclusive evidence, such as the way the drugs are plan or recovery of significant amounts of cash.
Delivery of Controlled Substances Defense
The category of legal is often determined with lot of grams of the drug that are in the person’s things or were delivered. For instance, a possession with the intent to deliver methamphetamine or cocaine is a Class II felony that carries 1-50 years behind bars. Depending on the quantity involved, those fines can increase to 3-50 years, 5-50 years or 20-life. Possession with the intent to deliver marijuana is a felony that lugs 2-20 years in prison and up to a $500,000 fine depending on the amount seized.
The likelihood of prison time can be high for these types of offenses. That is why calling an experienced firm is imperative. Without proper representation, your rights may be ignored and your trial outcome bleak.
