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Fairfax Possession with Intent Lawyer

If you have been arrested or are under investigation for a drug crime, a Fairfax possession with intent lawyer is here to help you. Prosecutors may accuse you of intent to sell drugs even if you never complete a single drug sale.  If the amount of drugs allegedly under your control seems to be too much for recreational use, your intent to sell those drugs is inferred. The result of this is that many people who are not drug dealers end up being treated as if they are.

Possession with intent is a much more serious offense than simple possession. You should be represented by a Fairfax drug lawyer with experience representing clients charged with this drug crime.

Calling a Fairfax Possession with Intent Lawyer

A Fairfax possession with intent lawyer will explain possible defenses including:

  • Entrapment: Law enforcement coerced you into a drug crime you would not have otherwise committed.
  • Illegal search: No evidence obtained in violation of your Fourth Amendment rights may be used to convict you.
  • No possession: The drugs were not under your control and were not yours.

These are just some potential defenses that can be raised under the right circumstances.  Let a Fairfax possession with intent lawyer explain legal options for defending yourself or negotiating a plea so you can make informed choices. Your attorney will be there at every step, whether negotiating a plea deal or fighting for a not guilty verdict. Call today to learn more.

Fairfax Laws on Possession with Intent

Virginia laws criminalizing possession with intent are found in Virginia Code Section 18.2-248. This section of the law imposes criminal penalties for almost all behaviors with drugs beyond simply having narcotics for personal use. The law deals with:

  • Manufacturing
  • Selling
  • Giving away
  • Distributing
  • Possessing with intent to manufacture
  • Possessing with intent to sell
  • Possession with intent to give away
  • Possession with intent to distribute

The amount of controlled substance is one piece of evidence prosecutors can use to prove guilt when charged with possession with intent, but it is not the only one. If you asked for or were offered money or assets in exchange for a controlled substance, this can lead to charges of possession with intent to sell. Things like having drugs divided up into baggies or possessing equipment like scales could also be used to make a case for possession with intent.

A Fairfax possession with intent lawyer can try to help you get charges reduced to a charge of simple possession, or a related lesser offense. Your attorney can also help you try to present a case in court that makes the jury question whether you are guilty beyond a reasonable doubt.

Penalties for Possession with Intent in Fairfax

The type of controlled substance and your past criminal record determine penalties if you are convicted of possession with intent.

  • For a schedule I or II substance, penalties for possession with intent include between five and 40 years imprisonment and fines up to $500,000 for a first offense.  There is a mandatory minimum sentence of three years for a second offense.
  • For a Schedule III substance, penalties can include between one and 10 yearsimprisonment, and for a Schedule IV substance, you face up to five years incarceration.
  • For a Schedule V or Schedule VI substance, you can face up to a year in jail and up to a $2,500 fine.

Certain volumes of drugs can result in even harsher penalties. For example, having 100 grams or more of heroin or a heroin mixture or 500 grams or more of cocaine or crack can lead to a prison sentence of no less than five years and as long as life in prison. Fines may total $1 million.  A complete list of penalties can be found in Code Section Virginia Code Section 18.2-248.

Experienced Legal Representation in Fairfax

There’s no substitute for an effective defense attorney when you’re looking to get your charges reduced or dismissed.  Although there can be no guarantees, our Fairfax possession with intent lawyers have handled many cases in the local court system and understand what it takes to effectively serve clients. Call us today to learn what we can do for you.