Salt Lake Criminal Defense Attorney Utah
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Veteran Criminal Defense Lawyers / Former Prosecutors
Call 801-449-1409 now to see what the right attorney can do for you.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges

Utah Criminal Attorney - Possession with the Intent to Distribute

The Utah criminal code punishes the crime of possession with the intent to distribute a controlled substance at the same level as a charge of actual drug distribution. Both crimes can begin a the second degree felony level, with the potential for enhancements increasing the charge to a first degree felony. Based in Salt Lake City, Stephen Howard is a criminal defense lawyer with extensive experience defending drug crimes in Utah. If you are facing drug charges in Utah, contact us today for an initial consultation.

Possession of a Controlled Substance with the Intent to Distribute

Utah Criminal Defense Attorney - Salt Lake Drug DistributionA Utah criminal charge of possession of a controlled substance with the intent to distribute does not require proof of actual distribution. Instead, if a prosecutor is only required to present evidence that the person was in possession of a controlled substance and had the intent to distribute that substance.

The definition of "distribute" is very broad under Utah criminal law. It applies beyond the stereotypical "dealer," and includes anyone who shares, gives, or otherwise provides drugs to another person.

Possession with the intent to distribute is punishable at the same level as actual drug distribution. This means that a simple possession charge for methamphetamine, cocaine, heroin, or other common "street" drugs becomes a second degree felony, punishable by up to a maximum of 15 years in prison. Possession of less than one ounce of marijuana, normally a class B misdemeanor, becomes a third degree felony punishable by up to five years in prison.

Evidence police and prosecutors consider in determining whether to charge possession with the "intent to distribute" in a Utah drug case include the presence of paraphernalia used to weigh or package drugs (scales, balloons, baggies, etc.), records indicating past sales, statements by the suspect or other people indicating an intent to sell, give, or otherwise distribute drugs.

Possession with the intent to distribute is a crime that is also subject to enhancements under Utah's drug free zone statute. Under this statute, a charge that would normally be a second degree felony (1-15 years prison) can become a first degree felony punishable by up to life in prison. Possession of marijuana with the intent to distribute jumps from a third degree felony (0-5 years prison) to a second degree felony (1-15 years prison).

Finding a Utah Criminal Lawyer in Salt Lake City

Based in Salt Lake City, criminal defense lawyer Stephen Howard offers legal services to clients throughout all of Utah.  If you are facing criminal drug charges for possession with the intent to distribute, contact Stephen Howard now to learn how an experienced Utah criminal attorney can help you.


Best Rating
Make a Payment to Your Account
Get Help Now
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense Trial AttorneyNot Guilty - Client was charged with aggravated assault for alleged attack using broken bottle as a weapon. Despite the testimony of numerous prosecution witnesses, thorough defense investigation to support a self-defense claim resulted in acquittal by jury at trial.
  • Drug Crimes Defense Attorney Utah Dismissed - Client was facing multiple cases involving first-degree felony drug distribution charges for allegedly selling to a confidential informant. Defense analysis of the case revealed fatal flaws in the prosecution case that ultimately resulted in a complete dismissal of all cases and charges.
  • Utah Probation Attorney Released - Client absconded for more than 10 years from felony probation with Adult Probation and Parole. At an order to show cause hearing, prosecutor argued aggressively for prison. Based on effective mitigation efforts by the defense, the judge agreed to release client without further jail.
  • Felony Attorney Utah Dismissed - Client facing first-degree felony charge and possible life in prison for child kidnapping. Full defense analysis of the case revealed critical legal flaws in the prosecution's case. When confronted with the defense legal analysis, the prosecutor agreed to dismiss the case outright without trial.
  • Recent Posts
  • What to Do When Arrested for DUI What should I do if I am arrested for DUI? - Many DUI cases begin as minor traffic stops. But the consequences of a DUI conviction are much more serious than an ordinary traffic citation. If you are pulled over for a suspected DUI, you have specific important constitutional and statutory rights that can protect your. . . .
  • Utah Statewide Warrant Search How do I find out if I have an outstanding warrant? - If you believe you may have an outstanding arrest warrant in Utah, a criminal defense attorney can access the Utah statewide warrant system and help you find the best. . . .
Best Criminal Defense Strategy

Aggressive is good. Effective is better. The best defense strategy in any given criminal case can require in-depth analysis of the facts and a thorough understanding of applicable statutes, case law, and complex procedural and evidentiary rules. Having an experienced attorney on your side....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

With decades of combined experience, our criminal defense team attorneys have the knowledge, skill, and determination to help you achieve the results you need. Facing criminal prosecution in Utah can have serious consequences. Choosing the best attorney to defend your case may be one of the most important decisions you will ever make....

Experience »
Conviction Consequences - Utah Criminal Defense

Even a "minor" misdemeanor carries the potential for jail time and significant fines. The direct penalties and collateral consequences of a felony conviction are even more severe. Understanding these consequences is critical as you make decisions relating to your case. Even in a misdemeanor case, you should not....

Consequences »
Utah Criminal Defense Attorney - Reasons to Hope

Never give up hope. Being charged with a crime is not the same as being convicted. And it is usually not the end of the world. While the consequences of a criminal charge can be serious, there are often several options and strategies for handling your case. Understanding your options and how an experienced criminal lawyer can help....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.