All drug charges in Nevada are serious offenses that can negatively impact your future job prospects and immigration status, as well as limit civil rights such as the ability to vote and own a gun.
If you have been arrested for possession of a controlled substance you are accused of planning to sell in Las Vegas, contact LV Criminal Defense today to begin your defense. The attorneys will work to get the charges against you reduced or even dismissed.
Possession with intent to sell is just what it sounds like- the Nevada crime of possession of a controlled substance plus intent to sell.
Intent is a mental state that the prosecution has to prove. Intent can be proven using many factors such as:
For example, the defendant could simply have been carrying a weapon legally. A person who purchases a large quantity of drugs in from a seller for his own personal use may have lots of baggies on his person.
Many times prosecutors will rely on stereotypes to prove their case. For example, a sober person carrying narcotics intends to sell them because drug users are always high.
Therefore, it is critical to contact a Las Vegas drug defense lawyer as soon as possible if you have been arrested. He can work to raise doubt about whether you intended to sell narcotics.
No. Just intending to sell controlled substances is enough for a conviction. The stat does not need to prove any sales actually happened.
Nick Wooldridge has a long track record of representing clients accused of serious federal and state crimes in Nevada.
Penalties for possession with intent to sell depend on:
Possessing Schedule I drugs in Las Vegas with the intent to sell them is a Category D felony. Category D felonies in Nevada carry punishments of:
If this is not your first conviction, the penalty increases to a Category C felony, which has fines up to $10,000 in addition to jail time of 1 to 5 years.
A third offense of possessing narcotics with the intent to sell in Nevada is a Category B felony. Category B felonies for drug crimes impose 3 to 15 years prison time in a State prison and fines up to $20,000.
These can often be reduced to misdemeanors or even dismissed. First time offenders may be sentenced to probation instead of jail time.
If you have been arrested in Las Vegas for possession of controlled substances with intent to sell, you need solid, experienced criminal defense as soon as possible. This is the best way to make sure a simple possession crime is not punished as a possession with intent to distribute.