Salt Lake Criminal Lawyer - Possession with Intent to
Distribute
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.
Stephen Howard has extensive
experience
dealing with drug cases in the Salt Lake area.
Contact us to schedule an initial consultation.
Defending Criminal Charges for Possession with Intent to Distribute
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. 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.
Contact a Utah Criminal Attorney in Salt Lake
With offices centrally located in Salt Lake City,
criminal
defense
lawyer Stephen Howard provides services to clients throughout
Utah.
If you are facing drug charges,
contact us today for
an initial consultation.

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