Proving Intent to Traffick:They can rely on the evidence of informants, or telephone calls and text messages that indicate that you were trafficking or trying to traffic drugs.
In many cases, first-time offenders who have been convicted of a misdemeanor offense may be able to serve probation rather than jail time. Even if you have been sentenced to jail time, our seasoned lawyers may be able to get probation terms so that you spend no time behind bars, or very little time.
Both offenses involve the intent to distribute illegal drugs, but the laws against trafficking specify certain amounts of drugs. The trafficking statute also sets out escalating penalties as the drug amounts increase. The laws on possession with intent to distribute do not specify any minimum quantities.
When a person has been charged with “Conspiracy to Possess with Intent to Distribute” there are usually multiple violations that have occurred. This charge means the defendant played an active role along with another person in the planning of possessing or distributing an illegal controlled substance.
Drug Trafficking AmountFor example, someone found in possession of 1 or more grams of LSD (lysergic acid diethylmide), 5 or more grams of crack cocaine, 500 or more grams of powdered cocaine, or 100 or more grams of heroin will face drug trafficking charges.
The penalties for selling Schedule I or II drugs are the harshest of any classification of controlled substances. If you are charged with selling or intending to sell a Schedule I or II drug you risk being sentenced to as many as 15 years in prison and a fine of up to $250,000.
Elements of Drug Offenses
- Knowledge. Circumstantial Evidence.
- Intent.
- Possession.
- Controlled Substance.
(h) The term Personal Use Amount means possession of controlled substances in circumstances where there is no other evidence of an intent to distribute, or to facilitate the manufacturing, compounding, processing, delivering, importing or exporting of any controlled substance.
Federal ProbationA federal court can often sentence a defendant to probation—but not always. The judge typically can't opt for probation where: the offense is one of the most serious felonies (class A or B)
Federal Penalties for LSD (Acid)Possession of even a small amount will usually be charged as possession with intent to distribute): A first conviction for possession of any amount of LSD is punishable by up to 1 year in jail, as well as a minimum fine of $1,000.
Any amount above 4 grams by weight will be charged as a felony under Texas law. For smaller amounts, you will face up to a year in county jail. But a conviction for more than 400 grams of a Group 2-A substance carries a potential sentence of between 2 and 20 years in state prison as well as a fine of up to $10,000.
There are often defenses through which you could get the charges dismissed, go through diversion programs, community service, or pay some smaller fines. Nevertheless, it is still an A class misdemeanor, and the statutory penalties of up to a year of jail time and/or a $2,500 fine are always a possibility.
As a drug charge, "distribution" usually means that a person is accused of selling, delivering, or providing controlled substances illegally. This charge is often used if someone tries to sell drugs to an undercover officer. Trafficking generally refers to the illegal sale and/or distribution of a controlled substance.
The three common-law intents ranked in order of culpability are malice aforethought, specific intent, and general intent. Specific intent is the intent to bring about a certain result, do something other than the criminal act, or scienter. General intent is simply the intent to perform the criminal act.
In general, every crime involves three elements: first, the act or conduct (“actus reus”); second, the individual's mental state at the time of the act (“mens rea”); and third, the causation between the act and the effect (typically either "proximate causation" or "but-for causation").
Intent. In virtually every criminal case, the prosecution must prove that the defendant had a particular intent. With a general intent crime, the prosecution needs to prove only that the defendant committed the act in question, not that he intended any particular outcome from the act.
A victim is defined as a person who has suffered physical or emotional harm, property damage, or economic loss as a result of a crime.
Most crimes require general intent, meaning that the prosecution must prove only that the accused meant to do an act prohibited by law. Example: A state's law defines battery as “intentional and harmful physical contact with another person.” This terminology makes battery a general intent crime.
1 : a usually clearly formulated or planned intention : aim the director's intent. 2a : the act or fact of intending : purpose especially : the design or purpose to commit a wrongful or criminal act admitted wounding him with intent. b : the state of mind with which an act is done : volition.
— Grave felonies are those to which the law attaches the capital punishment or penalties which in any of their periods are afflictive, in accordance with Art.
Elements of Recklessness
- The actor intends to commit the act in question knowing it may create a risk of harm.
- The risk itself is an unreasonable one.
- The risk is substantially greater than negligent conduct.
- The actor knows, or has reason to believe, others are present and in harm's way.
Sentences for felonies can range anywhere from one year to life in prison and, in some states and in the federal system, a sentence can include the death penalty (also called capital punishment). Generally speaking, the more serious the crime is, the longer the sentence can be.
