If you have been arrested for intent to deliver, it is imperative that you work with a Sugar Land criminal lawyer.
Analyzing drug crimes under the Texas Penal Code begins with a determination of which of the four drug groups the drug belongs to. Penalty Group 1 carries the most severe penalties, and includes drugs like heroin, oxycodone, morphine, cocaine and other opiates. Penalty Group 2 includes hallucinogenic drugs, synthetic marijuana and ecstasy. Penalty Group 3 includes certain prescription drugs like Ritalin and Valium while Group 4 includes more obscure, rare prescription opioids. Marijuana comprises its own category.
Your Sugar Land criminal lawyer will explain that once it is determined which penalty group applies, the potential sentence can be determined. Penalty Group 1 carries the highest penalty, and proving intent to deliver these drugs will enhance the possible sentence. For instance, offenders could face a life sentence for possession with intent to deliver a Penalty Group 1 drug in excess of 200 grams.
Evidence of Intent to Deliver
Police and prosecutors must rely on circumstantial evidence to determine whether a defendant actually had intent to deliver or disburse drugs. Many times intent is derived from the discovery of scales and baggies, which are used to divide and package drugs for sale. Your Sugar Land criminal lawyer is experienced in defending this type of allegation and can make arguments on your behalf to refute the state's assertion that you planned to sell or transfer the drugs in your possession.
Keep in mind that the Texas statute does not require intent to sell drugs, only to transfer them to another person. Therefore, the state could charge you with possession with the intent to deliver even if you only planned to give drugs to a friend. Again, your attorney will refute this assertion and submit strong defenses on your behalf.
Contact an Experienced Drug Defense Attorney Today
If you are facing a charge of drug possession with intent to deliver, Sugar Land criminal lawyer John Venza can help you. Call his office today to arrange a consultation: 281-971-5660.