Houston Possession with Intent to Deliver Attorney

High Caliber Defenders Serving Clients in TX

In Texas, possession with intent to deliver is a serious offense with significant legal consequences. This offense is commonly associated with drug-related activities and involves possessing controlled substances with the intention of distributing or delivering them to others. While this crime does not necessarily involve drug trafficking or the sale of substances, there are serious consequences, including potential jail time. 

If you have been accused of possession with intent to deliver, you need an attorney. Guy L. Womack & Associates, P.C. has over 60 years of combined experience. Our seasoned Houston attorneys fight aggressively and tirelessly for our clients from arrest to trial. 

Call our Houston possession with intent to deliver attorney at (713) 364-9913 and learn how we can fight for you.

What is Possession with Intent to Deliver?

According to the Texas Health and Safety Code §481, possession with intent to deliver involves possessing illicit substances for the intended purpose of sale or transport to another person or group. It is important to note that actual delivery or sale does not have to occur for a person to be charged with possession with intent to deliver.

Legal Considerations

Possession with intent to deliver is an offense that requires the prosecution to establish specific elements to secure a conviction. 

These elements generally include:

• Possession of Controlled Substances: The defendant must be found to have actual or constructive possession of a controlled substance. Actual possession refers to having physical control over the substance, such as having it on one's person, while constructive possession refers to having control over the substance, even if it is not directly on the person.
• Intent to Deliver: The prosecution must demonstrate that the defendant possessed the controlled substance with the intention of distributing, selling, or delivering it to others. This intent is often inferred from factors such as the quantity of the substance, packaging materials, scales, and other paraphernalia associated with drug trafficking.
• Knowledge of the Substance: The defendant must be aware of the presence of the controlled substance and know that it is, in fact, an illegal substance.

Penalties

The penalties for possession with intent to deliver are severe and vary based on factors such as the type and quantity of the controlled substance involved. Texas classifies controlled substances into penalty groups, with Penalty Group I containing the most illicit substances and Penalty Group 4 including the least serious. 

Penalty Group I

According to the Texas Health and Safety Code §481.115, Penalty Group I includes substances like cocaine, heroin, and methamphetamine. Possession of these substances may be punishable according to the following guidelines: 

• Less than one gram:  Considered a state jail felony and is punishable by up to two years in jail and/or a fine of no more than $10,000. 
• One to three grams: Considered a third-degree felony punishable by up to 10 years in prison and fines of no more than $10,000. 
• Four to 199 grams: Considered a second-degree felony punishable by up to 20 years in prison and fines up to $10,000. 
• 200-400 grams: A first-degree felony punishable by up to 99 years in prison and fines up to $100,000.
• 400 grams or more: An enhanced first-degree felony punishable by life in prison and fines up to $100,000.

It is important to note that possession with intent to deliver fentanyl has harsher penalties, with possession of 400 grams being punishable by a prison sentence between 20-99 years and fines up to $500,000. 

Penalty Group II

Penalty Group II includes ecstasy, Adderall, psilocybin, and PCP. According to §481.116, possession with intent to deliver may be punishable according to the following guidelines: 

• Less than one gram: A state jail felony punishable by 180 days in state jail and fines up to $10,000.
• One to three grams: A third-degree felony with a potential prison sentence of up to 10 years and fines up to $10,000.
• Four to 400 grams: A second-degree felony punishable by up to 20 years in prison and fines up to $10,000.
• 400 grams or more: An enhanced first-degree felony that can result in up to 99 years in prison and fines up to $50,000.

Penalty Group III

According to §481.117, Penalty Group III includes common prescription drugs, testosterone, Hydrocodone less than 300mg, and codeine less than 90mg per dose. Penalties for possession with intent to deliver may include: 

• Less than 28 grams: A class A misdemeanor with a potential jail sentence of up to one year and fines up to $4,000.
• 28-199 grams: A third-degree felony punishable by a prison sentence of up to 10 years and fines up to $10,000.
• 200-399 grams: A second-degree felony that can result in a prison term of up to 20 years and potential fines of no more than $10,000.
• 400 grams or more: An enhanced first-degree felony with potential prison time of up to 99 years and fines up to $50,000.

Penalty Group IV

Penalty Group IV includes compounds containing limited quantities of narcotics or controlled substances like morphine and opium. Possession with intent to deliver may be punishable according to the following guidelines as outlined in §481.118: 

• Less than 28 grams: A class B misdemeanor that can result in up to 180 days in jail and fines up to $2,000.
• 28-199 grams: A third-degree felony punishable by up to 10 years in prison and a maximum fine of $10,000.
• 200-399 grams: A second-degree felony with a potential prison sentence of up to 20 years and no more than $10,000 in fines.
• 400 grams or more: An enhanced first-degree felony punishable by up to 99 years in prison and fines up to $50,000.

It is important to note that these penalties can be enhanced if certain aggravating factors are present, such as prior convictions, attempted sales to minors, or if the offense occurred in a designated drug-free zone.

Legal Defenses and Considerations

Defendants facing charges of possession with intent to deliver have certain legal defenses available to them. These might include challenging the validity of the search and seizure that led to the discovery of the controlled substance, disputing the actual intent to deliver, or demonstrating a lack of knowledge about the nature of the substance.

Consulting with an experienced attorney is crucial for individuals facing such charges, as they can analyze the case’s specific circumstances and determine the most appropriate defense strategy.

Experienced Legal Professionals and Fierce Advocates

Possession with intent to deliver is a serious crime that can result in serious legal consequences. Individuals charged with this offense should be aware of the specific tactics the prosecution must prove and the potential penalties they might face. Seeking legal counsel and understanding the intricacies of the law can significantly influence the outcome of a case.

If you have been charged with possession with intent to deliver, contact our Houston attorney and schedule your initial consultation.