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Drug possession alone could result in serious criminal charges, but law enforcement and the criminal justice system have harsher penalties for those charged with possession of a controlled substance with intent to sell that substance to the public.
If you are facing drug charges, you may wish to speak with a Nebraska drug possession with intent to distribute lawyer. An attorney could build an effective defense strategy and help you navigate the legal process to avoid or minimize criminal charges.
Nebraska Drug Possession with Intent to Distribute Laws
Nebraska Revised Statute 28-416 deals with issues related to the distribution of controlled substances. The law states that it is illegal to knowingly or intentionally create, sell, deliver controlled substances, or to possess controlled substances with the intention to make, sell, deliver, or give out those substances. This law also applies to the creation, distribution, or possession of counterfeit drugs.
Possible Penalties
Regardless of the Schedule of drug you were caught with, possession with intent to distribute is a felony. However, drugs deemed “exceptionally hazardous” could lead to different penalties. The court will charge a person in possession of an “exceptionally hazardous” Schedule I, II, or III drug with a Class II felony—punishable by up to 50 years in prison. Cocaine and methamphetamine are common Schedule II drugs that are deemed “exceptionally hazardous.
The court will consider all violations using other Schedule I, II, or III drugs as a Class IIA felony. Conversely, it will charge Schedule IV or V drug possession as a Class IIIA felony.
The punishment for a felony conviction can extend beyond the courtroom or legal proceeding. Often, potential employers will ask people to declare all felonies on job applications, which may harm a person’s ability to obtain employment following a conviction.
Increased Penalties
Penalties for possession with intent to distribute may increase if the police arrest the defendant with an exceptionally large amount of the substance or if the person sells or delivers drugs to another person under the age of eighteen. The court may also increase penalties if the defendant is found to have possessed drugs with intent to distribute near the following locations:
- Educational facility
- Playground
- Youth center
- Public swimming pool
- Video arcade facility
Lastly, those facing a second or third charge for possession with intent to distribute may receive more severe penalties upon conviction than first-time offenders.
Defenses to Possession with Intent to Distribute Charges
It is the prosecutor’s job to prove each element of a crime beyond a reasonable doubt. There are many different defenses that a criminal lawyer can use in drug distribution cases. However, the defenses for criminal charges relating to the distribution of drugs are dependent upon the circumstances of the case. Therefore, it is important that you speak with an attorney who has experience in drug defense cases and gives you all the facts leading up to and including your arrest.
Contact a Nebraska Drug Possession with Intent to Distribute Attorney Today
If you have been arrested for possessing a controlled substance with the intent to distribute, consider seeking out an attorney who understands the nuances of drug crimes and may be able to help you fight the charge.
A Nebraska drug possession with intent to distribute lawyer could be invaluable to the success of your case. The sooner you speak with an attorney, the better they will be able to help you. Call our team today to schedule a confidential consultation with a lawyer at Berry Law.
