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

A
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.