Possession vs. Possession With Intent to Distribute
We're here to clear up some of the fog surrounding drug-related charges. The legal landscape can often seem like a labyrinth, especially when you're faced with similarly titled terms like 'drug possession' and 'possession with intent to distribute.' These are two distinct charges that carry different implications and consequences.
Drug possession is a criminal charge that typically refers to the unlawful possession of controlled substances, such as illegal drugs or prescription medications without a valid prescription. Possession with intent to distribute, on the other hand, is a more serious charge that implies an intention to sell or distribute the drugs in question.
Our firm is based in Bend, Oregon, and we believe in keeping you informed and prepared. So, let's break down the details of these two charges, shedding light on what they mean, how they differ, and why understanding this distinction is crucial if you or a loved one are facing such accusations. We're in this together, and knowledge is a vital tool in our shared arsenal.
Drug Possession Explained
Drug possession refers to the act of knowingly holding illegal substances on your person or within your control. For example, if you have an illicit drug in your pocket, bag, car, or home, you could be charged with drug possession.
Drug possession laws in Oregon are quite stringent. The state classifies controlled substances into schedules, with Schedule I being the most severe. The classification determines the severity of the charges and penalties. Here's a breakdown of drug possession penalties in Oregon according to the schedule of the drug:
Schedule I Drugs (such as heroin, ecstasy, or LSD):
Charge: Class B felony
Penalty: Up to 10 years in prison
Fine: Could reach up to $250,000
Schedule II Drugs (such as methamphetamine or cocaine):
Charge: Class C felony
Penalty: Maximum of 5 years in prison
Fine: Up to $125,000
Schedule III Drugs (including anabolic steroids and some depressants):
Charge: Class A misdemeanor
Penalty: Up to 1 year in jail
Fine: Could reach up to $6,250
Schedule IV Drugs (like Xanax or Valium):
Charge: Class C misdemeanor
Penalty: Up to 30 days in jail
Fine: Could reach up to $1,250
Schedule V Drugs (certain over-the-counter medications in large quantities):
Charge: Violation
Penalty: No jail time
Fine: Up to $1,000
Possession With Intent to Distribute: A More Serious Offense
While drug possession is a severe charge, possession with intent to distribute is even more serious. This charge involves not only holding illegal substances but also planning to sell, deliver, or distribute them. The intent can be inferred from several factors, such as the quantity of drugs, the presence of packaging materials, scales, and large amounts of cash, or statements made by the accused.
The charges and penalties for possession with intent to distribute in Oregon are more severe than those for simple possession. Here's a breakdown based on drug schedules:
Schedule I Drugs:
Charge: Class A felony
Penalty: Up to 20 years in prison
Fine: Could reach up to $375,000
Schedule II Drugs:
Charge: Class B felony
Penalty: Up to 10 years in prison
Fine: Could reach up to $250,000
Schedule III Drugs:
Charge: Class C felony
Penalty: Up to 5 years in prison
Fine: Could reach up to $125,000
Schedule IV Drugs:
Charge: Class B misdemeanor
Penalty: Up to 6 months in jail
Fine: Could reach up to $2,500
Schedule V Drugs:
Charge: Class C misdemeanor
Penalty: Up to 30 days in jail
Fine: Could reach up to $1,250
Remember, these are maximum penalties and actual sentencing can vary based on several factors such as prior convictions and the specifics of your case. It's crucial to get in touch with us if you're facing drug-related charges in or near Bend, Oregon. We're here to help protect your rights and seek your best outcome.
Defense Representation Is Crucial No Matter What
Understanding the difference between drug possession and possession with intent to distribute is only the beginning. If you're facing either of these charges, it's essential to have experienced legal representation at your side.
A defense lawyer can help you navigate the legal system, gather evidence in your favor, and potentially reduce or dismiss your charges. It's also crucial to have a skilled attorney by your side during any negotiations with prosecutors to ensure that your rights are protected and that you receive fair treatment under the law.
Even if you know you're innocent, facing drug-related charges can be overwhelming and confusing. Your freedom and future are too important to be left up to chance.
Get the Aggressive Advocacy You Deserve
While both drug possession and possession with intent to distribute are serious charges, the latter carries significantly heavier penalties due to the inferred intent to profit from or propagate the use of illegal substances. It's crucial to approach these charges with the gravity they deserve, and with experienced legal counsel to guide you. At Haskett, Williams, Monaghan Attorneys at Law, we're committed to providing that counsel, helping you navigate these complex legal waters to the best possible outcome.
We've spent years serving clients in Bend, Oregon, and the surrounding areas of Redmond, Sun River, Prineville, and Sisters. We know the local courts, we know the law, and most importantly, we know how to fight for your rights. Don't hesitate to reach out to us for a consultation. Your future may depend on it.