Drug Possession With Intent to Sell

Possessing a large quantity of a controlled substance may lead to a serious criminal charge in Tennessee. Drug possession with intent to sell or deliver is a felony offense that carries harsh penalties, and a conviction can have a lasting impact on your professional and personal life. Nashville drug crime lawyer Bernie McEvoy is dedicated to helping individuals fight against allegations of possession of marijuana or other substances. He has represented defendants in criminal cases throughout Davidson and Williamson Counties and can provide legal guidance regarding a drug possession with intent to sell charge.

Tennessee regulates the sale and possession of controlled substances, including street drugs, such as cocaine and heroin, as well as prescribed medications. Generally, having any amount of a controlled substance in your possession without a valid prescription may give the police probable cause for an arrest. However, it is a more serious crime to possess a controlled substance for the purpose of selling it to another person. You may be charged with possession with intent to sell if the quantity of drugs you have is significant, and there is evidence such as scales or drug paraphernalia, small bags containing the same amount of the drug, or other evidence indicating that you planned to sell the drugs.

In Tennessee, if you are convicted of possession with intent to sell, you may face penalties that are just as harsh as a conviction for selling drugs. Controlled substances are subject to state and federal regulation and classified by schedule. The penalty prescribed for possession of a controlled substance with the intent to sell can range from a Class A felony to a Class A misdemeanor, depending on the schedule and amount of the controlled substance. Potential penalties for drug possession with intent include incarceration, probation, fines, and others. In some cases, the punishment for a conviction of drug possession with intent to sell may be enhanced. A defendant may be punished one classification higher if the intended recipient of the controlled substance was under eighteen years old, if the offense occurred on or near the grounds or buildings of a school, or in other situations.

A seasoned defense attorney can examine the details of a drug possession charge and scrutinize the prosecution’s evidence against you. In a possession with intent to sell case, the prosecution has a heavy burden to prove that you knowingly had a controlled substance in your possession, and that you intended to sell the controlled substance. If the drugs were for personal use, or if the drugs did not belong to you and you were unaware of them, possession with intent to sell has not been committed. It may also be difficult for the prosecution to prove state of mind, particularly if there are grounds to object to the admission of the evidence. For example, if the arrest arose out of police misconduct, an illegal traffic stop or search, or if your constitutional rights were violated, the defense may argue that evidence collected afterward should be thrown out of court. If the judge grants the suppression motion, the prosecution may not have enough evidence to support a possession with intent to sell charge. There may also be other defenses to assert depending on the facts of the case.

Hiring a skilled defense attorney if you have been arrested on drug charges in Nashville can be helpful to you in protecting your rights and your future. Bernie McEvoy has successfully defended individuals arrested for possession with intent to sell and drug trafficking, as well as defendants in other felony and misdemeanor criminal cases. Mr. McEvoy serves clients throughout Davidson and Williamson County, including Franklin and Nashville. Schedule an appointment by calling the Law Office of Bernie McEvoy at (615) 255-9595 during the day and (615) 804-8779 in the evening, or submit our contact form online.