Criminal Defense Lawyer: Drug Possession vs. Possession with Intent to Distribute

Criminal-Defense-Lawyer-Blog 322559186

You need a criminal defense lawyer if you’ve been caught and potentially charged with possession. An excellent criminal defense lawyer will tell you that every crime is defendable. There are many layers of drug charges, and the penalties will carry stiff sentences and often extended time in jail. Craig Divine is a criminal defense lawyer who will work with you to help. 

Gaining a criminal defense lawyer should be your priority if you think you might be in a drug possession situation. Drug possession and possession with intent to distribute are two distinct legal concepts related to possessing controlled substances. The critical difference between these two charges lies in the intention behind the possession. Let’s talk about the two:
  • Drug Possession – Drug possession refers to the act of having illegal substances in one’s possession for personal use. It is generally considered a less severe offense compared to possession with intent to distribute. In a drug possession case, law enforcement would typically need to prove that an individual knowingly and willingly had illegal drugs on their person or within their control. The quantity of drugs possessed is usually smaller, and there might be other indicators that suggest the drugs were intended for personal use. Penalties for drug possession can vary depending on factors like the type and amount of the drug, the jurisdiction’s laws, and the defendant’s criminal history. These often include fines, probation, mandatory drug treatment programs, and, in some cases, imprisonment.
  • Possession with Intent to Distribute – Possession with intent to distribute involves the possession of illegal substances with the intention of selling or distributing them to others. This charge is more serious because it suggests an active role in the drug trade and the potential to harm more individuals. Law enforcement looks for various factors to establish intent to distribute, such as:
    • Larger quantities of drugs that exceed typical personal use amounts.
    • Packaging materials, scales, and other equipment associated with drug distribution.
    • Amounts of cash suggesting drug transactions.
  • Penalties for possession with intent to distribute are generally more severe than those for simple drug possession. They can include substantial fines and lengthy prison sentences, especially if the quantity of drugs involved is significant or the defendant has a history of drug-related offenses.
A criminal defense attorney can help keep drug crimes off your record through various legal strategies and techniques. Things such as negotiating a plea bargain with the prosecutor to reduce the charges or reach a plea bargain that avoids a conviction for drug crimes, challenging the evidence by arguing that the evidence was obtained through an illegal search and seizure, or that the evidence is unreliable, proving legal justification by showing that you had a valid legal justification for the drug-related activity, such as medical necessity or prescription drug use. The specific circumstances of your arrest can influence the penalties, and Kansas City has heavier sentences for repeat crimes. Prosecutors have a lot of discretion in handling drug crimes; while some can be relatively lenient, that isn’t always the case.
You need a qualified, knowledgeable criminal defense lawyer if you have been charged with drug possession or another drug-related crime. A criminal record can affect your whole future; don’t let it take your future away! Call Craig Divine of Divine Law, LLC at (816) 474-2240 or visit our website
Posted in