Collin County Defense Lawyers for Possession with Intent to Distribute or Sell
If you were arrested for or charged with drug possession with an intent to distribute or sell, contact Rosenthal Kalabus & Therrian immediately. You need an experienced attorney to determine the appropriate legal strategy to defend you in court.
A conviction for a serious drug crime can lead to long-term consequences. While drug possession can be a misdemeanor or felony offense, possession with intent to distribute is always a felony unless it involves marijuana.
You should not face the complex legal process alone. The Collin County drug offense lawyers of Rosenthal Kalabus & Therrian can help you defend against the charge you face. We will aggressively pursue a lesser charge, reduced sentence, or dismissed case. You can count on us to fight for your future.
Call us at (972) 369-0577 today for your free consultation to learn more about your legal options.
Understanding the Elements of Possession with Intent to Distribute or Sell
Possession with intent to distribute or sell involves knowingly possessing, delivering, or manufacturing a controlled substance with the intention of delivering it.
Proving someone is guilty of more than just possessing a drug requires establishing a person’s role in manufacturing or preparing to distribute the substance.
Manufacturing is often easier to prove with physical evidence. Eyewitness testimony or equipment or material used for growing, processing, storing, planting, concealing, testing, or converting drugs is substantial evidence.
Proving you intended to distribute the drug could be more challenging. However, the prosecutor can present circumstantial evidence, such as excess cash or packaging materials.
Texas Penalties for Possession with Intent to Distribute or Sell
The Texas Controlled Substances Act divides drugs into different groups. Sentencing depends on the Penalty Group of the drug and the amount involved in the crime.
Penalty Group 1
Penalty Group 1 includes various prescription and street drugs, such as:
- Hydrocodone
- Cocaine
- Ketamine
- Heroin
- Methamphetamine
- Oxycodone and other prescription opiates
Below are the sentences for substances in this group based on aggregate weight.
Less Than One Gram
- State jail felony
- 180 days to two years in state jail
- Up to a $10,000 fine
At Least One Gram but No More Than Four Grams
- Second-degree felony
- Between two and 20 years in prison
- A maximum of a $10,000 fine
At Least Four Grams but Less Than 200 Grams
- First-degree felony
- Five to 99 years or life in prison
- No more than a $10,000 fine
200 Grams or More but Less Than 400 Grams
- 10 to 99 years or life imprisonment
- Up to a $100,000 fine
At Least 400 Grams
- Between 15 and 99 years or life in prison
- No more than a $250,000 fine
Penalty Group 1-A
Penalty Group 1-A includes lysergic acid diethylamide (LSD), its salts and isomers, salts of isomers, and other compounds.
Below are the sentences for substances in this group based on units.
Less than 20 Units
- State jail felony
- Imprisonment between 180 days and two years
- A maximum of a $10,000 fine
20 or More Units but Fewer than 80 Units
- Second-degree felony
- Two to 20 years in prison
- Up to a $10,000 fine
At Least 80 but Less Than 4,000 Units
- First-degree felony
- Life or five to 99 years in prison
- A maximum of a $10,000 fine
4,000 Units or More
- Life or 15 to 99 years in prison
- No more than a $250,000 fine
Penalty Group 1-B
This group includes fentanyl and any derivatives.
The following are sentences for these substances based on weight.
Less Than One Gram
- State jail felony
- 180 days to two years in state jail
- Up to a $10,000 fine
At Least One Gram but No More Than Four Grams
- Second-degree felony
- Between two and 20 years in prison
- A maximum of a $10,000 fine
At Least Four Grams but Less Than 200 Grams
- Ten to 99 years or life in prison
- No more than a $20,000 fine
200 Grams or More but Less Than 400 Grams
- 15 to 99 years or life imprisonment
- Up to a $200,000 fine
At Least 400 Grams
- Between 20 and 99 years or life in prison
- No more than a $500,000 fine
Penalty Groups 2 and 2-A
Penalty Group 2 includes hallucinogenic substances, such as:
- Mescaline
- Ecstasy
- Psilocybin
- Amphetamine
- Methaqualone
Drugs in Group 2-A include synthetic cannabinoids and any compound, material, preparation, or mixture containing any quantity of a synthetic or natural chemical substance. They have various street names, such as K2 and Spice.
Below are the sentences for substances in these two groups based on aggregate weight.
Less than One Gram
- State jail felony
- 180 days to two years in state jail
- Up to a $10,000 fine
At Least One Gram but No More than Four Grams
- Second-degree felony
- Two to twenty years in prison
- A maximum of a $10,000 fine
Four Grams or More but Less than 400 Grams
- First-degree felony
- Imprisonment for five to 99 years or life
- No more than a $10,000 fine
At Least 400 Grams
- Ten to 99 years or life in prison
- Up to a $100,000 fine
Penalty Groups 3 and 4
Opioids and opiates not listed in Penalty Group 1 belong in Penalty Group 3. They include prescription drugs with a potential for abuse and depressant or stimulant effect, such as:
- Anabolic steroids
- Valium
- Methylphenidate
- Benzodiazepines
Penalty Group 4 also involves opioids and opiates not included in Penalty Group 1 and prescriptions and chemical compounds with potential for abuse.
Below are the sentences for substances in these two groups based on aggregate weight.
Fewer Than 28 Grams
- State jail felony
- Between 180 days and two years in state jail
- A maximum of a $10,000 fine
28 Grams or More but Less than 200 grams
- Second-degree felony
- Two to twenty years in prison
- Up to a $10,000 fine
At Least 200 Grams but No More than 400 Grams
- First-degree felony
- Five to 99 years or life imprisonment
- A maximum of a $10,000 fine
400 Grams or More
- Between ten and 99 years or life in prison
- No more than a $100,000 fine
Defending Against Charges of Possession with Intent to Distribute or Sell
Representing yourself in a drug offense case will likely lead to a wrongful conviction or unfair punishment. You should hire Rosenthal Kalabus & Therrian immediately following your arrest. We can consider all the available defense strategies and use the one we believe is your best option.
The most common defenses against possession with intent to distribute or sell charges include:
- Lack of intent to distribute the drug
- Valid medical purpose for possessing the substance
- Incorrect identification as the perpetrator
- Unlawful search of a home or vehicle
- Alibi for when the crime occurred
- Illegally obtained evidence by law enforcement
Contact a Dedicated Collin County Defense Lawyer Today
An arrest can instantly ruin your reputation and family life. A drug conviction can affect future opportunities and other aspects of your life. You can face challenges seeking employment or a place to live. Having a criminal record can also cause you to lose some rights.
You must consult an attorney immediately to start preparing your case. Don’t leave the fate of your future in the hands of an inexperienced defense lawyer. Call Rosenthal Kalabus & Therrian at (972) 369-0577 today for your free consultation if you were arrested for or charged with possession with intent to distribute or sell. We will fight by your side until the end.