Spartanburg Drug Possession With Intent to Distribute Lawyer

Possession with intent to distribute is a felony charge that arises when law enforcement believes you possessed illegal substances for more than personal use. These cases are prosecuted based on both the physical amount of drugs found and circumstantial evidence of intent.

A Spartanburg drug possession with intent to distribute lawyer can evaluate all options to challenge both the physical evidence and the prosecution’s claim that you intended to sell the substances. Our drug attorneys frequently negotiate with the Solicitor’s Office to reduce a felony possession with intent to distribute charge to a lesser charge to avoid a high-level felony on your record.

What Constitutes Drug Possession with Intent to Distribute?

In South Carolina, drug possession with intent to distribute is the illegal possession of a controlled substance where evidence suggests the individual intended to sell, give away, or otherwise distribute the drugs rather than keep them for personal use. State law establishes specific weight thresholds that provide prima facie evidence of intent to distribute. If an individual possesses more than these amounts, the state legally presumes they intended to distribute them, even without other evidence:

• Marijuana: More than 1 ounce (28 grams)
• Cocaine/Crack: More than 1 gram
• Methamphetamine: More than 1 gram
• Heroin: More than 2 grains (~0.13 grams)
• MDMA (Ecstasy/Molly): 15 or more dosage units
• LSD: 50 micrograms or more

Actual possession is having the drugs directly on your person. Constructive possession involves having the drugs under your control, such as in your car, bag, or home, even if they are not physically on you.

While weight is the most common factor to determine drug possession with intent to distribute, prosecutors can also prove intent through circumstantial evidence, even if the drugs are below the threshold, such as drugs divided into many small baggies, the presence of digital scales, or high volumes of cash, especially in small denominations.

An experienced Spartanburg attorney could aggressively defend your interests against felony charges for drug possession with intent to distribute. Do not wait to secure the legal defense you need and deserve for your case.

What Factors Impact the Penalties for Drug Possession With Intent to Distribute?

Penalties for possession with intent to distribute are influenced by a range of factors, including:

• Type of substance: Drugs are classified into Schedules (I through V). Possession with intent to distribute charges involving Schedule I and II narcotics (e.g., heroin, cocaine) carry much harsher penalties than Schedule V substances.
• Quantity: While possession with intent to distribute typically involves mid-range quantities, if the weight exceeds certain high thresholds (e.g., 10 grams of cocaine or 10 pounds of marijuana), the charge may escalate to drug trafficking, which carries mandatory minimum sentences.
• Criminal history: Penalties increase significantly for second and third offenses. South Carolina uses a 10-year lookback period for prior similar drug convictions.
• Aggravating circumstances: Penalties can be enhanced if the offense occurred within 1,500 feet of a school, park, or playground, or if a firearm was present.

If you are convicted of possession with intent to distribute cocaine, crack, meth, or heroin for the first time, you could spend up to 15 years in prison and have to pay fines as high as $25,000. Possession with intent to distribute marijuana or MDMA can lead to a prison term of up to five years and $5,000 in fines for first-time offenders. A Spartanburg attorney can help you understand the potential penalties you face if you are charged with drug possession with intent to distribute.

Get Help from a Spartanburg Drug Possession With Intent to Distribute Attorney

A Spartanburg drug possession with intent to distribute lawyer can work tirelessly to help you mitigate the long-term impact of a conviction. Hiring an attorney is crucial due to the severity of the potential penalties, which often include significant prison time, hefty fines, and a lasting criminal record.

An attorney at Ellis Hinton, LLC can protect your rights, navigate complex legal systems, and build a strong defense. Contact our firm today to request your case consultation.