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Possession of Controlled Substance with the Intent to Deliver

You have been arrested for possession of a controlled substance with the intent to deliver, or PCS WID, as it is commonly referred to in the criminal courts. You are no longer being prosecuted as someone who was merely in possession of drugs. You are now being prosecuted as a DRUG DEALER. You are thought of as the bane of society. The DA is going to come at you with all guns blazing. They will be looking to put you in prison for as long as the law will allow.

Are you prepared? Do you have a fierce drug defense lawyer on your side? Has anyone even taken the time to explain to you the complexities that are present in these types of cases?

How this affects the punishment range of each offense

On any given possession with intent to deliver case, the punishment range is enhanced. Most time it will enhance the punishment range one level up. However, it raised the possible penitentiary sentence significantly for first degree amounts. I have included a chart below that lays out the punishment ranges for the varying amounts, (based on the respective penalty group) so that you can see the over all picture:

Penalty Group 1 (H&SC § 481.112)

 

Amount

Punishment Range

400 grams or more15-99 years or life in prison and a maximum fine of $250,000.00
200 – 400 grams10-99 years or life in prison and a maximum fine of $100.000.00
4 – 200 grams1st Degree Felony
1 – 4 grams2nd Degree Felony
Less than 1 gramState Jail Felony

Penalty Group 1-A (H&SC § 481.1121)

 

Amount

Punishment Range

4,000 units or more15-99 years or life in prison and a maximum fine of $250,000.00
80 to 3,999 units1st Degree Felony
20 to 79 units2nd Degree Felony
Less than 20 unitsState Jail Felony

Penalty Group 2 or 2-A (H&SC § 481.113)

 

Amount

Punishment Range

400 grams or more10-99 years or life in prison and a maximum fine of $100,000.00
4 to 400 grams1st Degree Felony
1 to 4 grams2nd Degree Felony
Less than 1 gramState Jail Felony

 

Penalty Group 3 or 4 (H&SC § 481.114)

 

Amount

Punishment Range

400 grams or more10-99 years or life in prison and a maximum fine of $100,000.00
200 to 400 grams1st Degree Felony
28 to 200 grams2nd Degree Felony
Less than 28 gramsState Jail Felony

 

Things that law enforcement looks for to charge WID

Often times in these types of cases, there exists a lot of confusion about what law enforcement typically look for in order to charge someone with “intent to deliver” instead of just a regular possession charge.

Things such as a large amount or quantity of the controlled substance, a scale, empty baggies, a large amount of cash, or even small amounts of the drug in little baggies. These types of things signify that it is not for personal consumption, but rather there is an actual “intent to deliver” at some point in the future.

As law enforcement goes, if they can charge you with the more serious offense, they will charge you with the more serious offense. It is critical that you have the best drug defense lawyer you can find on your side. At Greco Neyland, PC, we understand what law enforcement looks for and the things they try to exploit to make their case look as solid as possible.

We fight each possession with intent to deliver case tooth and nail. When the Government is trying to send you to prison, you really cannot afford to just go with any criminal lawyer you can find. You need a qualified drug defense lawyer with years of experience and proven results on your side.

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They did a great job getting rid of my parking and speeding tickets. I recommended them to my friends and family. And they've also experienced the same professionalism and great quality service at an affordable price.
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Dustan and his staff create the best team. They know the law, and made me feel like I was involved and understood everything that was going on. Dustan took the time to explain to me and my family what we could expect, and then led the way.
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15:33 11 Dec 18
Dustan and his staff helped handle my divorce proceedings. He was incredibly knowledgeable and on top of everything I needed to do. Everything was handled in a timely and professional manner. I’m very thankful for his expertise in helping me to manage a difficult situation.
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15:31 11 Dec 18
The staff at Greco Neyland helped a friend of mine on a case. Everyone was so nice and friendly! I definitely recommend them to anyone who needs someone knowledgeable who also really cares about their clients.
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Justin Washington
23:12 06 Nov 18
Dunstan and the staff at Greco Neyland are truly professional and very helpful and understanding through the process. I was facing a felony case and Dunstan got it no billed . I definitely recommend this firm if you want a lawyer that’s going to defend and fight for you.
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