A drug possession charge is a serious offense and, if you are convicted, it can have significant consequences. The attorneys at Sumpter & González fight hard to defend those charged with Possession of a Controlled Substance, Possession of Marijuana, Possession with Intent to Distribute and other drug crimes. Most federal drug prosecutions are for Possession with Intent to Deliver a Controlled Substance. The majority involve the following drugs: cocaine, cocaine base (crack), heroin, marijuana, and methamphetamine.
In many jurisdictions, to be convicted of possession with the intent to deliver a controlled substance, an Assistant United States Attorney (AUSA) must present evidence that when submitted to a jury or judge would prove beyond a reasonable doubt that:
1) The defendant knowingly possessed a controlled substance;
2) The substance was in fact a controlled substance;
3) The defendant possessed the substance with the intent to distribute it; and
4) The substance was at least of a certain quantity. Punishment for a drug crime depends on what type of substance the defendant is being charged with, the quantity of the substance, and if there were any deaths during any drug schemes. Whether there were any guns present during a drug transaction may also affect a potential sentence. The range of punishment may be from 0-20 years, mandatory minimum of 5-40 years or mandatory minimum of 10 years-life. |
