Possession With Intent to Sell/Deliver

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North Carolina has very strict laws in place regarding controlled substances. Drug offenses carry harsh penalties, and some of the most severe consequences are reserved for those convicted of possession with intent to sell or deliver. At Hiltzheimer Law Office, you can get help from a skilled criminal defense attorney if you’re facing drug possession charges.

Hiltzheimer Attorney for North Carolina Possession With Intent to Sell/Deliver

Our intent to sell or deliver lawyers have more than 20 years of experience helping clients facing criminal charges. Because we know just how serious being convicted of drug possession with intent can be and how it can impact your future, we’ll work tirelessly to help you get the best possible outcome. Don’t wait to get help from a North Carolina attorney for possession with intent to sell or deliver.

What Is Possession With Intent to Sell/Deliver NCGS § 90-95?

If you knowingly possess a controlled substance with the intent of selling it or making, you can face possession with intent to sell or deliver charges, which is a felony offense. Individuals are often charged with PWISD even without the intent to sell, based solely on circumstantial evidence that leads law enforcement to believe that the intent to sell exists.

The laws on possession with intent to sell or deliver in North Carolina recognize six levels of controlled substances, with Schedule I drugs being the most dangerous and Schedule VI being the least likely to harm users.

Elements of the NCGS § 90-95 Charge

In order to charge you with drug possession with intent to sell or deliver, the prosecution has to prove that you knowingly possessed the substance with the intent to sell or deliver it to another party. You can be charged for actual possession or constructive possession, and in many cases if there are other items present – such as baggies or a scale – you will be charged with intent to sell/deliver solely based on the presence of those other items.

Actual possession refers to the controlled substance being found on you, while constructive possession means that you were aware of the substance and had control of it.

It can be challenging to prove intent to sell. The prosecution will usually rely on circumstantial evidence, like the presence of scales, as well as large amounts of substances that they will argue indicate more than personal use. If the defendant is caught selling drugs, then that’s direct evidence.

If you’ve been charged with drug crimes in North Carolina, don’t face the potential penalties alone. Our possession with intent to sell or deliver lawyers can help.

Legal Defenses Against Possession With Intent to Sell/ Deliver Charge

You are always innocent until proven guilty, and we’ll fight to defend your freedom. One of the strategies we can rely on is to show that the controlled substance wasn’t yours or that you weren’t aware of what the illegal substance was.

We can also challenge how the police obtained the evidence against you. If they didn’t have probable cause or a valid warrant to search you, there might have been a violation of your rights. We’ll investigate your case from top to bottom to identify violations by the police or shortcomings in the evidence against you.

Another legal defense we may advance on your behalf is to cast doubt on the allegation that you were planning to or had the intent to distribute the substance. We’ll challenge that the quantities involved were only for personal use. If there were witnesses, we can also challenge their credibility. A skilled drug crimes lawyer can help you determine what defenses may be available and inform the decision as to whether it is in your interest to fight the case at trial.

Penalties for Possessing a Controlled Substance With the Intent to Sell or Deliver

The penalties you face will depend on the schedule level of the narcotic. Possession with intent for a Schedule III-VI drug means a Class I felony charge. If convicted, you could face up to one year in prison if you have a prior record, but in many cases a Class I felony conviction is probation eligible. On the other hand, possession with intent for a Schedule I or Schedule II substance can mean facing a Class H felony. If convicted, it can mean up to 25 months behind bars depending on your prior record.

Federal and State Laws on Possession Charges

Possession charges can become federal under the Controlled Substances Act if the following circumstances exist:

The crime crosses state lines
The quantity of the substances meets federal thresholds
The case involves sophisticated or large-scale network
The case involves money laundering or other federal crimes

Possession with intent charges fall to the state under the North Carolina General Statute 90-95 if the alleged crime takes place within the state’s borders and when the amounts are below the federal threshold.

Seeking Professional Legal Help on Similar Charges

If you’re facing any drug charges, even simple possession cases, it’s vital that you get help from experienced attorneys. A conviction can mean facing prison time as well as potentially being a convicted felon for the rest of your life.

Simple possession of a controlled substance belonging to Schedule I-IV can earn you a felony conviction, too. It’s a Class I felony that can carry a sentence of up to 24 months in jail.

Choose Aggressive Possession With Intent to Sell or Deliver Attorneys in North Carolina

If you’ve been charged with possession of a controlled substance with intent to sell or deliver, the team of experienced criminal defense lawyers at Hiltzheimer Law Office can build an aggressive defense. We’ll advocate for you as you navigate the legal system. Contact our team to schedule a free consultation.

Frequently Asked Questions

Have questions for a North Carolina lawyer for possession with intent to sell or deliver? Lawyers from our team provide the guidance you need.

If law enforcement finds drugs on you, they’re considered to be in your possession. That’s the case, even if you just placed them in your pocket. In cases of constructive possession, the answer can vary depending on your specific circumstances.

Whether you serve jail time will depend on the type of drug you’re charged with possessing and what exactly you are convicted of. For Schedule III-VI drugs, you face a Class I felony, which can mean spending up to a year in jail, but may also be eligible for probation. For Schedule I and II drugs, you can be charged with a Class H felony that carries up to 25 months in jail, or may also be probation eligible, depending on your record.

Any amount of drug can be charged as possession with intent to sell or deliver, depending on the individual circumstances. The decision as to whether law enforcement will charge you with PWISD will depend on the quantity, the packaging, and other factors like whether a scale or small baggies are present when the substance is found.

If there were items on you that demonstrate the drugs were for personal use, that could show there was no intent to deliver. These items can include syringes and other drug paraphernalia.