Laws prohibiting certain drugs give police officers the authority to arrest those found in possession of illicit drugs. State prosecutors can bring charges against those who illegally possess prohibited drugs or possess prescription medication without the right documentation.
Compared to other potential drug charges, such as offenses related to distributing or manufacturing drugs, possession is a lesser crime. However, not all possession charges are minor offenses. Sometimes, state authorities accuse someone of possession with the intent to distribute drugs to others.
What separates possession with intent from a simple possession offense?
The charges and penalties are harsher
In a possession case, the defendant faces accusations that they knowingly possessed a substance in violation of state law. In a possession with intent case, the claim is that the drugs in their possession were for distribution, not personal use.
The person accused likely faces a felony charge. Basic possession offenses can be either felonies or misdemeanors depending on the type of substance, the amount of the substance and the prior record of the accused individual. In a possession with intent scenario, the defendant almost always faces felony charges with major penalties attached.
Bringing possession with intent charges is one way for prosecutors to increase the pressure on a defendant to convince them to enter a guilty plea.
The circumstances may be slightly different
Typically, there need to be unique factors that justify a possession with intent charge instead of a simple possession charge. Those factors could include a prior history of trafficking offenses or connections to those involved in drug trafficking.
Other times, what the police find during an arrest may warrant harsher charges. Those who possess a higher overall weight of drugs, a broad assortment of different drugs or paraphernalia associated with drug trafficking might be at risk of possession with intent charges instead of basic possession allegations.
More serious charges also mean a more significant burden of proof for the prosecution to meet. There may be multiple different defense strategies that can help those facing possession with intent charges.
Reviewing the state’s evidence with a skilled legal team can be a very important step for those hoping to avoid a drug charge conviction. More serious charges with more significant penalties may make a thorough and aggressive defense necessary for the protection of an accused individual.