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Possession of Controlled Substance with the Intent to Deliver :: Houston Possession With Intent To Deliver Attorney Greco Neyland, PC

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 more

15-99 years or life in prison and a maximum fine of $250,000.00

200 – 400 grams

10-99 years or life in prison and a maximum fine of $100.000.00

4 – 200 grams

1st Degree Felony

1 – 4 grams

2nd Degree Felony

Less than 1 gram

State Jail Felony

Penalty Group 1-A (H&SC § 481.1121)

Amount

Punishment Range

4,000 units or more

15-99 years or life in prison and a maximum fine of $250,000.00

80 to 3,999 units

1st Degree Felony

20 to 79 units

2nd Degree Felony

Less than 20 units

State Jail Felony

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

Amount

Punishment Range

400 grams or more

10-99 years or life in prison and a maximum fine of $100,000.00

4 to 400 grams

1st Degree Felony

1 to 4 grams

2nd Degree Felony

Less than 1 gram

State Jail Felony

Penalty Group 3 or 4 (H&SC § 481.114)

Amount

Punishment Range

400 grams or more

10-99 years or life in prison and a maximum fine of $100,000.00

200 to 400 grams

1st Degree Felony

28 to 200 grams

2nd Degree Felony

Less than 28 grams

State 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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