To be convicted of a crime, prosecutors must be able to prove beyond a reasonable doubt that a defendant engaged in certain activities. Someone who is charged with possession of a controlled substance can, for instance, only be convicted if the state can prove that drugs were actually in someone’s control. It is also possible, however, for a person to be charged with intending to commit a crime. Those who are found in possession of a large amount of a controlled substance in Ohio, for instance, can be charged not only with possessing those drugs, but with intending to distribute them, as well.
Possession with the intent to distribute a controlled substance is a serious crime in Ohio, so if you are being investigated for, have already been arrested, or were charged with possession with the intent to distribute, it is important to speak with an experienced Ohio drug charges lawyer who can help you build a strong defense.
What is Possession?
Possession of a controlled substance is forbidden by both state and federal law, which makes it unlawful to have certain drugs in one’s control. This means that a person can be charged with possession even if the drugs in question were not on his or her person, but were only in an individual’s car or home. However, a conviction is only possible if a prosecutor can prove that a defendant knew that the drugs were present, which can help prevent those who have roommates or share a living space with someone from being unfairly convicted of drug possession.
What is Possession with Intent to Distribute?
Individuals who are found in possession of large amounts of drugs can be convicted of possession with the intent to distribute if they:
- Sell or offer to sell a controlled substance; or
- Prepare the drugs for shipment, transport, delivery, or distribution knowing that the controlled substance is intended for resale.
The penalties that a person faces after being convicted of possession with intent to distribute depends on a number of factors, including the type of drug in question and the amount of the drug confiscated. If, for instance, the amount of the drug in question equals or exceeds the bulk amount, but is less than five times that amount, a defendant could expect third degree felony charges, which come with a potential sentence of up to five years imprisonment. If, on the other hand, the amount recovered is equal to or more than five times the bulk amount, but is less than 50 times that amount, a charge will be enhanced to a second degree felony. Finally, if the amount of the drug recovered in the defendant’s possession is equal to or more than 100 times the bulk amount, a defendant can expect to face first degree felony charges and a potential 10-year prison sentence.
Experienced Ohio Drug Charges Attorneys
To speak with a dedicated drug charges lawyer about how to defend yourself against unfair drug possession-related allegations, please reach out to our legal team at the Comunale Law Office today. We can be reached by phone or online message. Please write to us at firstname.lastname@example.org to learn more.