How Can I Deny an Intent to Distribute Drugs?

Not only may law enforcement accuse you of being guilty of drug possession, but they may also believe that you had the intent to distribute these drugs. This may harshen the penalties you are up against in criminal court. So if this is your current predicament, please read on to discover how you can possibly deny the intent to distribute drugs charge placed against you and how one of the seasoned Clarksville drug crime lawyers at Fendley and Birch can help you work on a strategy.

What are the consequences for the intent to distribute drugs?

Of note, federal law has established drug schedules that classify varying controlled substances based on their potential for abuse and dependency, along with their accepted medical use. This is to say that your potential punishments for an intent to distribute Schedule I drugs like cocaine may be drastically more severe than Schedule V drugs like cough medicine, for example. Generally speaking, the possible sentences are as follows:

• Intent to distribute Schedule I or II drugs: Class B felony.
  • Prison time is anywhere between eight and 30 years.
  • Fines are up to $100,000.
• Intent to distribute Schedule III or IV drugs: Class D felony.
  • Prison time is anywhere between two and 12 years.
  • Fines are up to $50,000.
• Intent to distribute Schedule V drugs: Class E felony.
  • Prison time is anywhere between one and six years.
  • Fines are up to $5,000.

Of note, in the state of Tennessee, there may be enhanced criminal consequences for the intent to distribute fentanyl (i.e., a Class A felony) and reduced penalties for marijuana (i.e., a Schedule VI drug). All the same, they are still felony offenses associated with imprisonment and hefty fines.

How can I deny an intent to distribute drugs charge?

If you have a case for it, you may argue that the arresting law enforcement officer did not have probable cause to charge with the intent to distribute drugs. This may be possible if you establish that, at the scene of the arrest, the officer did not find relatively large quantities of the drug, packaging materials (i.e., plastic bags and scales) that may have been used to later on sell the drug, or relatively large sums of cash on hand that may have been from the sales of the drug.

With this, you may attempt to reduce your sentence from an intent to distribute to simple drug possession or casual exchange. That is, downgrading the charge from a felony to a misdemeanor. Here, you may now only face jail time of up to 11 months and 29 days and a $2,500 fine. This is unless you wish to dismiss these charges altogether, by claiming that an arresting officer performed an illegal search and seizure, or another valid legal argument.

Understandably, this may all seem like a headache during this especially overwhelming time. Well, to alleviate some of the pent-up stress, please turn to the legal aid of one of the competent Montgomery County criminal defense lawyers. Contact our office, Fendley and Birch, right now; someone will be more than happy to speak with you.