A drug possession crime is serious enough on its own, but matters become even more distressing when a person is also accused of having had an intent to sell, deliver, or distribute a controlled substance. Possession with intent to sell requires not only an alleged offender to have committed an illegal act of possessing illegal drugs but also to have had mens rea, or the Latin phrase for “a guilty mind.”
Criminal intent is one of the most difficult aspects of a case for a prosecutor to prove because they have virtually no way to demonstrate what an alleged offender was thinking without some kind of recorded confession to the fact. The quantities of drugs involved often dictate the filing or intent to sell charges, but other kinds of factors can also inform these decisions.
Possession with Intent to Sell Defense Lawyer in Plano, Allen, Frisco, and McKinney, TX
If you or your loved one were arrested for alleged drug possession with intent to sell in the greater Plano area, you cannot afford to delay in seeking legal representation. You will want the help of a skilled criminal defense attorney.
Make sure you contact the Law Offices of Richard C. McConathy. Our firm can discuss all of your legal options with you when you call (469) 304-3422 or contact us online to schedule a free consultation.
Proving Intent to Sell in Texas Drug Possession Cases
Intent to sell is usually based on large quantities of drugs. In some cases, other circumstantial evidence could be the basis for intent to sell charges.
“There is no statutory presumption regarding the evidence to prove possession with intent to deliver,” the Texas Court of Criminal Appeals wrote in Branch v. State, 599 S.W.2d 324, 325 (Tex. Crim.App.1980). The case involved a man sentenced to life in prison after being convicted of possession with intent to deliver heroin.
The Court of Criminal Appeals noted that other jurisdictions have generally concluded that evidence of large quantities of a controlled substance or evidence of large quantities coupled with other factors such as packaging material is sufficient to support an inference that the possession was with the intent to deliver. In the case in question, the Court of Criminal Appeals ruled that the man being in possession of enough heroin to make 2,864 “hits,” the heroin being secreted in various places through his vehicle, and some of it being packaged in small quantities as well as nearly $8,000 in small bills led to the conclusion that the “only reasonable explanation for these facts is that Branch was actively engaged in the business of selling heroin” and the evidence was sufficient.
In general, common kinds of circumstantial evidence that are often used to argue an intent to sell include, but are not limited to:
- Quality or purity of the controlled substance
- Large amounts of cash
- Electronic messages to the alleged offender from other parties
- Arrest location (if alleged offense occurred in area known for drug activity)
- Drug paraphernalia, such as baggies, scales, or other packaging materials
Possession with Intent to Sell Penalties in Collin County
Manufacture or delivery of a controlled substance offense is established under the Texas Controlled Substance Act. The Penalty Group that a controlled substance falls under dictates the possible consequences of a conviction in these cases.
Possession with intent to sell crimes are generally classified as follows:
| Penalty Group | Amount | Classification | Penalties |
|---|---|---|---|
| Penalty Group 1 Texas Health and Safety Code § 481.112 (Hydrocodone, Cocaine, Oxycodone, Heroin, Gamma-Hydroxybutyric Acid [GHB], Methamphetamine, and other opiates) |
Less than 1 gram | State Jail Felony | Up to two years in state jail and/or fine of up to $10,000 |
| 1 gram or more but less than 4 grams | Second-Degree Felony | Up to 20 years in prison and/or fine of up to $10,000 | |
| 4 grams or more but less than 200 grams | First-Degree Felony | Up to 99 years or life in prison and/or fine of up to $10,000 | |
| 200 grams or more but less than 400 grams | Enhanced First-Degree Felony | Minimum of 10 years up to 99 years or life in prison and/or fine of up to $100,000 | |
| 400 grams or more | Enhanced First-Degree Felony | Minimum of 15 years up to 99 years or life in prison and/or fine of up to $250,000 | |
| Penalty Group 1-A Texas Health and Safety Code § 481.1121 (Lysergic Acid Diethylamide (LSD), including its salts, isomers, and salts of isomers, and other compounds) |
Fewer than 20 units | State Jail Felony | Up to two years in state jail and/or fine of up to $10,000 |
| 20 or more units but fewer than 80 units | Second-Degree Felony | Up to 20 years in prison and/or fine of up to $10,000 | |
| 80 or more units but fewer than 4,000 units | First-Degree Felony | Up to 99 years or life in prison and/or fine of up to $10,000 | |
| 4,000 or more units | Enhanced First-Degree Felony | Minimum of 15 years up to 99 years or life in prison and/or fine of up to $250,000 | |
| Penalty Group 2 or 2-A Texas Health and Safety Code § 481.113 (Methaqualone, Amphetamine, Psilocybin [mushrooms], 3,4-methylenedioxy-methamphetamine [MDMA, Ecstasy, or Molly], and other hallucinogens) |
Less than 1 gram | State Jail Felony | Up to two years in state jail and/or fine of up to $10,000 |
| 1 gram or more but less than 4 grams | Second-Degree Felony | Up to 20 years in prison and/or fine of up to $10,000 | |
| 4 grams or more but less than 400 gramstd> | First-Degree Felony | Up to 99 years or life in prison and/or fine of up to $10,000 | |
| 400 grams or more | Enhanced First-Degree Felony | Minimum of 10 years up to 99 years or life in prison and/or fine of up to $100,000 | |
| Penalty Group 3 or 4 Texas Health and Safety Code § 481.114 (Alprazolam, Clonazepam, Clorazepate, Diazepam, Fludiazepam, Flurazepam, Halazepam, Ketazolam, Lorazepam, Lysergic acid, including its salts, isomers, and salts of isomers, Medazepam, Pentobarbital, Secobarbital, Tetrazepam, Zolpidem) |
Less than 28 grams | State Jail Felony | Up to two years in state jail and/or fine of up to $10,000 |
| 28 grams or more but less than 200 grams | Second-Degree Felony | Up to 20 years in prison and/or fine of up to $10,000 | |
| 200 grams or more but less than 400 grams | First-Degree Felony | Up to 99 years or life in prison and/or fine of up to $10,000 | |
| 400 grams or more | Enhanced First-Degree Felony | Minimum of 10 years up to 99 years or life in prison and/or fine of up to $100,000 |
Possession with Intent to Sell Defenses in Texas
Not all circumstantial evidence presented as proof of intent to sell necessarily indicates an intent to sell. Because criminal intent is so difficult to prove, an alleged offender will often have a strong case that there was no intent to sell simply by denying the accusation.
A criminal defense attorney can review specific aspects of your case to determine possible explanations for circumstantial evidence that prosecutors are relying on. When a prosecutor has reason to doubt the strength of their case, they may be more willing to accept a reduction or dismissal of the criminal charges.
Possession with Intent to Sell Resources
Texas | Families Against Mandatory Minimums (FAMM)— FAMM identifies itself as “a nonprofit, nonpartisan organization fighting for smart sentencing laws that protect public safety.” The Texas section of the FAMM website contains quick facts about the state’s prison population and information about mandatory minimum laws in Texas. Ways to advocate for sentencing reform are also published here.
North Texas High-Intensity Drug Trafficking Area | Department of Justice — View a 2011 drug market analysis for the North Texas High-Intensity Drug Trafficking Area (HIDTA). Collin County falls within the Texoma region on the United States Drug Enforcement Administration (DEA) HIDTA map. Methamphetamine was the primary drug threat to the region, but the abuse of controlled prescription drugs, pervasive availability of marijuana, and criminal activities of Mexican drug trafficking organizations also posed considerable threats to the region.
Possession with Intent to Sell Defense Attorney in Collin County | Law Offices of Richard C. McConathy
Were you or your loved one arrested for alleged possession of a controlled substance with intent to sell in Plano or another community in Collin County? Try not to say anything to authorities until you have legal counsel.
The Law Offices of Richard C. McConathy can aggressively defend your rights. Call (469) 304-3422 or contact us online to receive a free consultation.