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While considering the Lubbock drug possession with the intent to distribute penalties may be a daunting situation, know that you do not have to face it alone. A professional narcotics defense attorney may be able to assist you by fighting for your rights and fiercely advocating on your behalf. Read on to learn more about the different Lubbock drug possession with the intent to distribute penalties, as well as the ways a skilled lawyer could help your case today.
Defining Possession with Intent to Distribute
An individual has possession with intent to distribute a controlled substance when that drug is in their care and custody and they possess an intent to deliver, give, sell, or make it available to another individual or entity. The police officer who arrested the defendant is ultimately in charge of determining the difference between charging them with possession or possession with intent to distribute.
The district attorney’s office will then approve that charge and file the case. Most of the time, the decision is made based upon the weight of the drug in question. If an individual possesses an amount far greater than would make sense for personal use, they will often be accused of having an intent to distribute that controlled substance.
Bringing a Charge
Many times, the police will be involved in some form of undercover operation when serving a drug possession with the intent to distribute charge. Sometimes, the undercover individual may be a criminal who is attempting to reduce or dismiss their own charges by helping law enforcement prosecute a separate offender. In these cases, law enforcement must prove beyond a reasonable doubt that the defendant possessed the controlled substance and that they intended to distribute that drug.
The government is not required to prove that the drug would be distributed to a particular person or that the distribution would occur at a particular time, but only that the defendant had the drug because the defendant intended to distribute it to someone else.
Determining a Plea Deal
An individual can be charged with both the intent to possess and the intent to distribute. However, if the defendant is charged with possession of a controlled substance with the intent to distribute then goes to trial or makes a plea offer, the individual may be able to face a lesser included charge such as simple possession. A determined Lubbock narcotics lawyer can advise a defendant in this situation to explore their best legal options and potential defenses.
Potential Lubbock Drug Possession with the Intent to Distribute Penalties
The penalties for distribution, possession with intent to distribute, or manufacturing a controlled substance depend upon the specific controlled substance and the quantity involved. These penalties in many cases can be extremely serious, making it important those accused consult with an experienced lawyer in Lubbock to build a strong defense.
Intent as an Aggravating Factor
Possessing an intent to distribute often acts as an aggravating factor to increase one’s punishment range. This may move the charge up from a third-degree to a second-degree offense, or even to a first-degree. The most often scenario is when a third-degree basic possession case becomes charged as a second-degree under the enhanced provision with the intent to deliver. In order to fight against one’s Lubbock drug possession with the intent to distribute penalties, it can be significant to reach out to a dedicated attorney as soon as possible for professional representation in court.