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What happens to someone who’s accused of possession with intent?

On Behalf of | Apr 11, 2023 | Drug Charges |

Texas has a reputation for having very strict rules when it comes to substance abuse. Those who are accused of manufacturing, distributing or simply possessing controlled substances can face significant penalties.

Although simple possession is the least serious drug offense possible in Texas, not all possession offenses are classified as relatively-minor misdemeanor charges. Sometimes, prosecutors accuse someone of possession with intent to distribute or manufacture drugs.

What happens during a possession with intent case?

The potential penalties vary drastically

Possession with intent is essentially the same thing as a distribution offense, and therefore it carries more serious penalties. The schedule of the drugs involved and the total weight of the substances will determine the penalties.

Those accused of possession with intent of common prohibited drugs, like methamphetamine or marijuana, will face state jail felony charges for possession of less than one gram. They could face a sentence of up to two years in state jail and fines of up to $10,000.

Those in possession of 200 grams or more of such drugs, which works out to roughly seven ounces, could face up to 99 years in prison on enhanced first-degree felony charges, and the fine they face could be up to $100,000.

The state has to prove certain elements

There are certain standards that the prosecution needs to meet in possession with intent cases, including proving that someone had possession of the drugs, knowledge of them and intent to manufacture other drugs or deliver them to others. The good news for those accused of possession with intent to distribute in Texas is that those standards can lead to challenges for the state.

Defendants may have numerous opportunities to defend themselves. For example, they could raise questions about whether they were even aware of the substance’s presence in their vehicle. They could also potentially show that the possession was entirely for personal use.

There are always defense opportunities when someone is accused of a drug crime in Texas, provided that they review the evidence against them and consider the situation carefully. The best approach will depend on the charges and the evidence the state has. Working with an experienced legal professional in the wake of being subjected to Texas drug charges can have a major impact on someone’s future after an unexpected arrest.