If you’re facing charges for possession with intent to distribute in Las Vegas, in violation of NRS 453.337 and/or 453.338 or under Federal in 18 U.S.C. § 841 you could face severe penalties if convicted. Punishments for a
felony drug possession with the intent to sell can include a long prison sentence, harsh fines, a criminal record, and an inability to vote or possess a firearm. Police officers often attempt to enhance drug charges to this more serious offense instead of a simple drug possession charge. The arresting officers will usually look for certain types of evidence to support the allegations including drug paraphernalia, the defendant’s statements, large quantities of controlled substances, possession of large amounts of cash or currency, plastic bags or other packaging items, cash, scales, or other devices used to weigh drugs. Even if you never intended to distribute the drugs, but there is evidence that may appear that you are, you could still face possession with intent to distribute charges in Nevada. If you’ve been charged with a similar offense, it’s critical to contact a skilled and aggressive
Las Vegas drug crime attorney who will make every effort to have your charges reduced to a lesser offense. Contact the Spartacus Law Firm today to receive a free consultation and to learn more about how we can help.
Possession with intent to distribute is exactly what it sounds like, being in possession of a controlled substance with the intent to sell to another. However, what many people fail to understand is the definition of “intent”. Intent is defined as a mental state that the prosecution has to prove. Intent can be proven using many factors including the following:
• The quantity of drugs in hand is more than a normal supply for an individual
• Weapons found on the person, presumably for defense during sales
• The individual is found in a location where drug deals frequently happen
• The individual has materials for aid in selling
• The individual has the drugs neatly separated into many small bags or containers
The intent is the key piece that must be proven by the prosecution. The intent part of a possession/distribution charge is what makes the penalties so much greater than a simple possession charge. However, in many of the examples above, there are defenses that an experienced drug crime attorney can deploy in your favor. In fact, there are plenty of instances that can present reasonable doubt and suggest that the person is just a recreational buyer of drugs, rather than a seller.
If you’ve been convicted of possession with intent to distribute in Las Vegas, you can face serious penalties. However, these penalties will vary depending on the type of substance, what schedule the drug is categorized in, where the offense took place, and whether the alleged offender has previously been convicted of a drug offense. There are many different variables involved when determining accurate consequences, but having a strong Las Vegas drug crime attorney representing your case will provide you with the best chance of securing lesser penalties. If the substance possessed and being distributed is a Schedule I or II substance, such as GHB, cocaine, heroin, ecstasy, or LSD, you will likely face the following penalties:
• A first conviction for drug possession with intent to distribute in Nevada can result in a category D felony, which is punishable by 1 to 4 years in prison and/or a fine up to $5,000.
• A second conviction for possession of a controlled substance with intent to distribute can result in a category C felony, which is punishable by 1 to 5 years in prison and/or a fine up to $10,000.
• A third conviction for possession with intent to distribute in Nevada can result in a category B felony, which is punishable by 3 to 15 years in prison and/or a fine up to $20,000.
On the other hand, if the substance falls into a Schedule III, IV, or V, such as codeine, Valium, Xanax, or cough suppressant, you will face the following penalties:
• A first or second conviction for possession of a controlled substance with intent to distribute in Nevada can result in a category D felony, which is punishable by 1 to 4 years in prison and/or a fine not exceeding $10,000.
• A third or subsequent conviction for drug possession with intent to distribute in Nevada can result in a category C felony, which is punishable by 1 to 5 years in prison and/or a fine up to $10,000.
Penalties also can be increased if defendant has a prior felony drug conviction or is a career offender (two or more felony drug offense or crimes of violence). Twenty year mandatory minimum if death or serious bodily injury results from use of the drug. Enhanced penalties also available for distribution to individuals under 21 (21 USC § 859) or distributions near schools, playgrounds, youth centers, arcades, pools, and public housing (21 USC § 860).
Every drug crime case is different, however, depending on the facts of your particular case, a drug defense lawyer may be able to find specific defenses or mitigating factors that are applicable to your unique case. A custom defense approach is necessary for every drug case in order to maximize your chances of a favorable outcome. When deployed correctly, these defenses and factors can often result in a reduction or even dismissal of your charges. Although they are not available in every case, it's crucial to consult with an experienced drug crime attorney in Clark County to identify your best legal strategy, our Firm has been successful in utilizing motions to suppress evidence in dealing with intent to distribute charges. Commonly used defenses to possession of a controlled substance for the purpose of sale can include the following:
• Faulty or insufficient evidence
• Illegal search by law enforcement of your home, person or car for drugs and evidence
• Law enforcement officers did not give you Miranda warnings
• Procedural violations by law enforcement
• Violations of your constitutional rights
• You were entrapped to commit the offense
• You were not actually or constructively in possession of the drugs