The general distinction separating the charge of "simple possession" from "possession with the intent to distribute" is usually amount of drug present. When the intent to distribute or sell drugs is also considered present then the penalties escalate severely. Should the arrest have unfortunately occurred within a "drug free" or "enhanced" zone then the degree of crime is raised and one could be facing a life term.
Examining the circumstances of the apprehension, of the search and if the intent to distribute was present is very important. For a strong defense it is critical that the Fort Worth drug crime defense lawyer you select be very familiar with this section of the law.
Schedule your free consultation with Alband, Lane & Balderama today.
A look at Potential Penalties or Drug Possession with the Intent to Distribute
In Section 481.112 it states that except as authorized a person commits an offense if they knowingly manufacture, deliver or possess with intent to deliver a controlled substance in Penalty Group 1 (drugs such as heroin, opium, cocaine or Oxycodone).
This possession is broken down as follows:
- A state jail felony if the amount, by aggregate weight, is less than one gram.
- An felony of the second degree if the amount, by aggregate weight, is one gram or more but less than four grams
- An felony of the first degree if the amount, by aggregate weight, is four grams up to 200 grams
- An offense is punishable by imprisonment for life or for a term of 10 to 99 years and a fine not to exceed $100,000, if the amount, by aggregate weight, is 200 grams up to less than 400 grams
- An offense is punishable by imprisonment for life or for a term of 15 to 99 years and a fine not to exceed $250,000, if the amount, by aggregate weight, is 400 grams or more.
If you are not too familiar with grams then a rough conversion to ounces is about 30 grams to an ounce. One gram is not much at all. 100 grams is less than 4 ounces and the term aggregate weight means the total weight including any other substances or dilutants. Another way to look at this is that a half a pound of a controlled substance could mean a life sentence.
The Law Firm of Alband has spent years building a strong reputation for the aggressive defense of drug possession offenses. Whatever your choice it is crucial that you contact a Fort Worth Drug Crime Defense Attorney immediately.
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