Indian Trail Drug Possession With Intent To Sell

Indian Trail Drug Possession With Intent To Sell

Indian Trail Drug Possession With Intent To Sell

Drug crime charges in North Carolina can have severe consequences, including jail time. One of the most serious charges is intent to sell a controlled substance. If you’ve been arrested for Indian Trail drug possession with intent to sell, some basic knowledge can help you protect your rights. Consulting with an experienced criminal attorney is an ideal starting point, whether you have prior convictions or this is your first offense.

Since 1961, the attorneys at the Law Offices of Huffman & Kendrick, PLLC, have used our extensive experience in criminal law to aggressively defend our clients, including those who face drug charges.

We approach every case with the resources and skills needed to handle our clients’ cases with care and creativity, and we provide the legal advice necessary to achieve positive outcomes. With our compassionate, talented lawyers on your side, you’ll be equipped to achieve the greatest possible outcome for your drug possession case.

Understanding North Carolina Drug Laws

In North Carolina, drug-related laws prohibit possession of any controlled substance, with or without intent to sell. The state of North Carolina has a structured sentencing program, where judges are allowed to impose a sentence within a predetermined range. The sentence depends on whether the charges are a felony or misdemeanor, whether the convicted individual has any previous convictions, and whether there are additional aggravating or mitigating circumstances.

Aggravating factors, or circumstances that might make the sentence more severe, might be related to gang activity or the offense taking place near children or a school. Examples of mitigating factors, that might lead to the sentence or charges being reduced, are the person being coerced, playing a passive or minor role, or mistakenly believing their actions were legal.

Drug Schedules

There are six classifications, or schedules, of controlled substances in North Carolina. These schedules range from Schedule I drugs, which are considered to have a greater risk of harm and addiction, to Schedule VI, which the state considers to have a lower risk of harm and be the least addictive. Each schedule has different associated penalties, which coincide with the risk to users. In other words, the lower the risk of harm and addiction to a substance, the lower the penalties for possessing it.

What Makes Possession of a Drug Illegal?

In North Carolina, certain factors make possession of controlled substances illegal, including:

It’s important to note that if someone seeks medical assistance due to a drug overdose, the person can’t be charged with possession unless they have more than one gram of cocaine or heroin.

Indications of Intent to Sell

Someone can be charged with drug possession with intent to sell or distribute, even if they say that was not their intent. Arresting officers and prosecutors may consider these indicators of intent to sell:

The Difference Between Possession and Intent to Sell

On its own, possession of a controlled substance is usually considered a misdemeanor charge in North Carolina, but the intent to sell is a felony charge. Felony charges often carry harsher penalties.

For example, simple possession of a Schedule VI drug such as marijuana might mean as little as thirty days in prison or a $100 fine, depending on the amount. However, the addition of intent to sell makes it a felony, which can mean up to five years in prison. Intent to sell a Schedule I substance like heroin or MDA could mean being imprisoned for up to ten years or even more, depending on the circumstances.

Possible Defense for Intent to Sell

There are several factors that might be used to build a defense strategy against possession with intent to sell. A defense might include proving that the person:

In addition, there may be violations relating to law enforcement procedures or other constitutional rights. However, not all factors apply to every case. There needs to be evidence to support the strategy, so it’s important to make sure your approach is relevant to your circumstances. An experienced attorney can review all the facts of the case and build a strong defense against possession with intent to sell.

A Criminal Defense Lawyer From the Law Offices of Huffman & Kendrick, PLLC, Can Help

If you’ve been charged with drug possession with intent to sell, your first step should be to contact a criminal defense attorney who has extensive experience with drug charges. Drug laws might seem straightforward, but applying them to individual cases can be more complicated. To achieve a positive outcome, you need a lawyer with the knowledge and skills to create a strong, fully developed legal defense strategy.

For more than 50 years in North Carolina, the Law Offices of Huffman & Kendrick, PLLC, has been helping clients fight charges like possession with intent to sell. Our skilled criminal defense team can investigate your case and help you prepare. Whether that’s negotiating to get charges reduced or speaking on your behalf at trial, we represent our clients and their interests using our decades of resources and experience.

To discuss your legal options, contact our office.