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In the War on Drugs, those who sell controlled substances are the top targets of prosecution. Their belief is that by harshly punishing those who sell narcotics, they are cutting off the supply chain. However, in order to punish those sellers, legislators in Pennsylvania created laws to punish the mere possession of controlled substances. If prosecutors can prove you possessed more of a controlled substance than was necessary for mere personal use, you might be charged with possession with intent to deliver, a more serious offense.
If you've been charged with possession with intent to deliver, Michael J. Skinner is an experienced West Chester PWID lawyer who will fight for your rights. He'll diligently examine every element of the prosecution's case, every fact prosecutor assert, and every step the police took in gathering evidence to find the holes, mistakes, and weakness, and expose those to seek to your charges reduced or dismissed.
If you've been charged with possession with intent to deliver in Chester County, Lancaster County, Montgomery County or Delaware County, Michael J. Skinner can represent you. Call the Skinner Law Firm today at (610) 436-1410 to schedule a free consultation to go over your PWID charges.
Like most laws pertaining to criminal offenses relating to controlled substances, the law on possession with intent to deliver can be found in the Pennsylvania Controlled Substances, Drugs, Device and Cosmetic Act. "Deliver," in the law, is defined as the actual, constructive or attempted transfer of a controlled substance from one person to another. There is no distinction made between for-profit and not for profit, so both selling and giving away any narcotic could constitute delivery.
The law makes it a separate crime from possession to possess any drug with the intent to deliver it or transfer it to another person. One of the key factors in determining that is quantity. If you possess a large amount or any amount more than what a normal person might possess for his or her own use, prosecutors may attempt to bring charges of PWID.
Other factors also play a role, for example, how the narcotics are packaged, where you were at the time of your arrest and whatever other behavior they observed. Ultimately, the charge is a subjective matter of whether the prosecution can prove beyond a reasonable doubt that you did, indeed, possess the controlled substances with the intent to deliver them. Your drug defense lawyer can find the weaknesses in the case and may help at least reduce the charges to mere possession.
The Pennsylvania Controlled Substances, Drugs, Device and Cosmetic Act divides controlled substances into different lists, called schedules, and the degree of punishment often depends on what schedule the drug you were alleged to possess falls under.
For possession with intent to deliver, any drug in Schedules I or II that is a "narcotic drug," which means any opium or opiate that is either derived from the plant or through chemical synthesis, is a felony and is punishable by up to 15 years in prison and a $250,000 fine. If the drug you're accused of possessing is a phencyclidine, methamphetamine, or cocaine, the charge is a felony and you face up to 10 years in prison and a $100,000 fine.
For any other Schedule I, II or III controlled substance, a conviction for possession with intent to deliver is a felony, punishable by up to five years in prison and a fine of $15,000. Any Schedule IV drug is also a felony, punishable by up to three years in prison and a $10,000 fine. Schedule V drugs are a misdemeanor, punishable by up to a year in prison and a $5,000 fine.
If you've been charged with possession with intent to deliver, a West Chester defense lawyer could make the difference between liberty and prison for you. Michael J. Skinner is an experienced criminal defense attorney who will fight for your rights. Call the Skinner Law Firm at (610) 436-1410 today to set up a free consultation to go over the details of your case.