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What Are the Consequences? Simple Possession Charges vs. Intent to Sell

The Law Firm of Andrea M. Kolski

While drug laws vary from state to state, the majority of states have similar laws when it comes to the legality of controlled substances. And the same is true for possession charges with regard to those substances. In Texas, the penalties for being caught with a controlled substance can be severe.

In any drug case, a lengthy jail sentence can be a possibility. Because of this, it’s important that you understand the different kinds of drug charges and the penalties they carry. This way, you can be more prepared should you ever find yourself in an unfortunate situation with the police.

So continue reading and we’ll walk you through everything you need to know.

Charges for Possession of Controlled Substances

Texas takes illegal drug use very seriously. Penalties and charges can vary greatly depending on the amount of the substance that the person has on them at the time that they’re arrested. The kind of substance will also affect the charge.

Other factors can also affect the severity of the charges. For example, if the person is around minors when they’re arrested with illegal substances, that can lead to more severe charges.

For small amounts of certain substances, a person can be slapped with a class A, B or C misdemeanor. Having larger amounts of a substance can lead to felony charges. In Texas, this means that a person could face a:

  • 3rd-degree felony
  • 2nd-degree felony
  • 1st-degree felony
  • state jail felony

The 1st-degree felony would be the most severe charge.

Simple Possession Charges vs. Intent to Sell

When you’re charged with the intent to sell, you will usually have a higher quantity of substances in your possession than what’s considered typical for personal use.

It should also be noted that the drugs don’t have to be literally on your person. If a drug is within reach, it’s considered in your possession.

You can also be hit with possession charges if there are drugs under your control. For example, drugs found in your home or in your car can be considered in your possession.

When you have a large amount of drugs in your possession, this can suggest that you have the intention to sell to others, either directly or indirectly.

Intent to sell is usually one of several charges that are leveled against people who are found to be in possession of a large quantity of illicit drugs. Sometimes, a person might be in possession of a large quantity because they’re holding it for someone else. But usually, possession of a large amount means that you’re at least intending to distribute the drugs to other people.

If your possession includes substances or items that are found at a separate location, the suspicion of your intent to sell will likely increase.

Law enforcement needs to have a reasonable suspicion that you’re in possession of a large enough quantity of drugs that selling smaller amounts to another person is possible and likely. Once that officer has enough suspicion, they can arrest you.

Depending on how the arrest goes, you could end up facing further charges. Resisting arrest or harming the officer will likely do more harm than good and lead to harsher charges.

Proving Drug Possession and Intent to Sell

If you’re arrested on a possession or intent to sell charge, then the drugs are usually in your actual possession at the time of your arrest. The suspicion that they’re on you will usually be enough to lead to the officer taking action.

You can also be arrested for constructive possession, which is when there are drugs on your property or you know where drugs are. This is the kind of instance where you have to have control over the drugs. Confessions and direct evidence aren’t always needed to arrest someone for possession.

Intent to sell requires a higher level of suspicion. With that said, circumstantial evidence can be all that’s needed to provide the basis for intent.

The amount for personal use compared against how much is found on the accused is a piece of circumstantial evidence that can show an intent to sell. When pounds of a certain drug or multiple drugs are found on the property of the accused, he can be arrested with the suspicion that he has the intent to sell.

Consequences of Intent to Sell

When a person gets arrested, they are immediately considered a convict. This can permanently affect their social interactions with other people in their community, whether or not the charges are dropped. And if charges are issued and the prosecution believes that they have enough evidence, they will present the evidence to a judge.

Based on the judge’s preferences, a trial might take place. However, the judge may decide to put the accused through a rehab program instead. This is really only possible for people who face low-level possession charges though.

The legal consequences can range from mandatory rehab to enormously high fines to life in prison. Much of this depends on the kind of the drug, the quantity, and if there were past convictions.

The Importance of Knowing About the Impacts of Drug Charges

Whether you face possession charges, intent to sell charges, or anything in between, it’s crucial that you understand what your rights are and the possible penalties you can be given. By knowing this information, you’ll be better able to protect yourself and your future.

The best way to fight drug charges is to hire a reputable and experienced defense attorney. If you’re looking for legal help, then contact us today and see what we can do for you!

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