Possession With Intent to Distribute
The War on Drugs particularly aims for the drug dealers. They see arresting and convicting drug dealers as hitting the root of the drug "problem." Those convicted of selling and distributing drugs face particularly high penalties. Possession with intent to distribute charges, however, can be based on specious or weak evidence.
Des Moines Drug Distribution Lawyer
If you are facing charges of possession with intent to distribute controlled substances, you can have an experienced Des Moines drug distribution lawyer on your side. Call the skilled criminal defense attorneys at McCarthy & Hamrock, P.C.. We fight for the rights of those accused of being drug dealers. We will challenge the evidence and seek to have your charges reduced or dismissed. Call us today at (515) 279-9700 for a free consultation.
We represent clients throughout the Des Moines area, including West Des Moines, Ankeny, Johnston and anywhere in Polk County or Dallas County, and throughout Iowa.
Defining Intent to Distribute Drugs in Iowa
Prosecutors may charge you for possession with intent to distribute using a variety of different evidence. They may prosecute you if you are alleged to have attempted to sell drugs to an undercover officer, for instance.
However, prosecutors may also charge you with possession with intent to distribute based on other factors, as well. For instance, they can use the amount of drugs, the packaging of the drugs, any equipment like scales or baggies that could be used to sell drugs, or large amounts of cash to argue that you are a drug dealer.
Punishment for Polk County Drug Distribution Offenses
Penalties for possession with intent to distribute charges depend on the drug and how much the prosecution can prove you were carrying. The harshest charges, a Class B felony, with a penalty of up to 50 years in prison and a fine of up to $1 million, may be pursued if the prosecution can prove you possessed:
- More than one kilogram of heroin;
- More than 500 grams of cocaine or certain coca products;
- More than 50 grams of cocaine base (including crack cocaine);
- More than 100 grams of PCP;
- More than 1 kilo of any substance containing PCP;
- More than 10 grams of LSD; or
- More than 5 kilograms of methamphetamine (meth) or amphetamines.
It is a Class B felony, punishable by up to 25 years in prison and a fine of at least $5,000 and up to $100,000, to possess any of the following amount of drugs with the intent to distribute or manufacture:
- Between 100 grams and one kilo of heroin;
- Between 100 and 500 grams of cocaine or coca product;
- Between 10 and 50 grams of cocaine base (including crack cocaine);
- Between 10 and 100 grams of PCP;
- Between 100 grams and 1 kilogram of any substance containing PCP;
- 10 grams or less of LSD; or
- Between 5 grams and 5 kilograms of meth or amphetamines.
It is a Class C felony, punishable by up to 10 years in prison and a fine of at least $1,000 and up to $50,000, to possess with intent to distribute:
- Up to 100 grams of heroin;
- Up to 100 grams of cocaine or coca product;
- Up to 10 grams of cocaine base (including crack cocaine);
- Up to 10 grams of PCP;
- Up to 100 grams of any substance containing PCP;
- Up to 5 grams of meth or amphetamines; or
- Any amount of other drugs that fall under the Iowa Controlled Substance Act’s Schedules I, II or III. Schedules are lists of drugs. Schedule I and II includes most drugs that are illegal under all or most circumstances, and anabolic steroids.
It is an aggravated misdemeanor, punishable by up to two years in prison and fines between $625 and $6,250 in fines, to possess with intent to sell any Schedule IV or V drugs, which include many prescription medications.
Defenses to Des Moines Drug Distribution Charges
Prosecutors must prove every element of their offense beyond a reasonable doubt. That means they must convince the jury that every single thing they are accusing you of is absolutely true, save some farfetched possibility.
The defense merely has to show that reasonable doubt exists. Your Des Moines drug defense lawyer can poke significant holes in the prosecutor's evidence by having illegally obtained evidence suppressed. The drugs themselves are usually the main evidence. If they are tossed out, the prosecution may have a very weak case.
McCarthy & Hamrock, P.C. | Polk County Drug Dealer Attorney
If you are arrested and charged with possession with the intent to distribute controlled substances, you are facing serious penalties. A serious Des Moines drug distribution lawyer can help you fight the charges. Call McCarthy & Hamrock, P.C. at (515) 279-9700 for a free consultation. We'll fight for your rights.