Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Experienced Criminal Defense Attorneys / Former Prosecutors
Call 801-449-1409 now for help protecting your rights.
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 Expungement Attorney Salt Lake Davis Expunged - Client with prior conviction for violent felony was ineligible for expungement through the courts. A successful 2-step reduction restored expungement eligibility and ultimately led to the court's decision to grant the requested expungement.
  • Violent Crimes Assalt Defense UtahDismissed at Preliminary Hearing - Client charged with aggravated robbery and facing life in prison. Full case analysis and consultation with client allowed the development of a strong defense strategy. Effective cross-examination of the alleged victim at the preliminary hearing resulted in an outright dismissal of all charges by the judge.
  • Recent Posts
  • What Constitutes Drug Parpahernalia in Utah How is drug paraphernalia defined in Utah? - The definition of drug paraphernalia under the Utah criminal code looks at both the nature of the object and also the intended use of the object in question. . . .
  • Utah Misdemeanor Attorney Salt Lake Can I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve the case without returning to the state. . . .
Best Criminal Defense Strategy

The best outcome is more likely when the right strategy is employed. Developing the best strategy can require real courtroom experience, a thorough understanding of procedural and substantive legal issues, and a determination to ensure that important constitutional and other legal rights are protected. Choosing the right attorney....

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 »
Criminal Defense Attorney in Utah - Reasons to Hope

Clients sometimes ask what the "worst case scenario" is for their charges. We prefer to take a more positive approach. Facing criminal prosecution in Utah can have serious consequences. But you can take steps and make choices right now that will improve your chances of a positive outcome. Let us help you....

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.