Distribution and Possession with Intent in Utah
The Utah criminal code classifies possession of a controlled substance with the intent to distribute at the same level as actual distribution or sale of drugs. Both possession with the intent to distribute and actual distribution of a controlled substance are considered second degree felonies, punishable by up to 15 years in prison. With enhancements (for a drug free zone or for prior distribution convictions) the charge can be filed as a first degree felony with a maximum potential sentence of life in prison.
Defense Strategy
Under Utah law, a charge for distribution of a controlled substance requires proof that a defendant actually sold, delivered, shared, or otherwise distributed a controlled substance. Possession with the intent to distribute instead requires evidence only that the defendant “intended” to distribute the drugs.
The best defense attorneys challenge the status quo through ethical advocacy both in and out of the courtroom.
In determining the defendant’s intent, police, prosecutors, judges, and juries may consider a variety of evidence, including the amount of drugs in the person’s possession (is it more than what would be considered a “personal use” amount), whether scales, packaging materials, or other paraphernalia or items commonly associated with distribution were found along with the drugs, as well as statements made by the defendant or other witnesses.
Even if the evidence is not sufficient to support the “intent to distribute” element of the offense, a jury may still convict a person of the “lesser included offense” of simple possession of a controlled substance. For many drugs, this may still result in a felony conviction.
Finding the Right Defense Attorney
Our criminal defense team provides legal counsel and representation to clients throughout the state. Contact us today to see how the right attorney can make a difference for you..
The best attorneys understand your case involves more than just what happens in court.
