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Possession with Intent to Sell or Distribute

Houston Intent to Sell Lawyer

America's so-called "War on Drugs" is allegedly trying to destroy the entire industry of buying and selling substances that those in power have decided are dangerous. They have, therefore, put a premium on attacking those that they believe are trying to sell drugs. Being convicted of intending to sell drugs carries a higher penalty than mere possession. While the War on Drugs targets users, too, and hurts everyone, those leading it to believe that by increasing sentences on the merchants of illegal substances, they can more effectively wipe out these substances, or at least continue their never-ending war.

What this means for you, if you've been charged with Intent to Deliver any controlled substance, is that you face tougher penalties if convicted. The penalties range widely and depend mostly on what illegal drug you are charged with possessing and how much you possess. Being a seller makes you a top target for the War on Drugs. An experienced criminal defense lawyer can help protect you and your rights.

Houston Intent to Sell Lawyer

Matt Horak is a former Harris County Assistant District Attorney who understands the mind of a prosecutor. He's now a criminal defense attorney, representing and standing up for the rights of people accused of drug offenses in the Houston area. He knows both sides of the criminal justice system and will put that knowledge to work for you. He is also a member of NORML, who has been fighting for responsible drug laws.

Horak Law will find every hole in the prosecution's argument and every mistake the police made and will use that to argue to get your charges reduced or dismissed. If you plead "Not Guilty," Matt will fight hard for your acquittal. Call (713) 225-8000 for a free consultation in which Matt will help you understand your charges and evaluate your case.


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Defining Intent to Sell

The laws on controlled substances are actually found under the Texas Health and Safety Code. The Code uses the term "deliver" to mean "transfer, actually or constructively, to another a controlled substance." The statute goes on to explicitly state that it is referring to the sale of drugs. So, when the law addresses "delivering" a controlled substance, it is referring to selling it.

There are six separate offenses listed for "Manufacture or Delivery of Substance." Each, except one, pertains to the same basic offense, but penalties change depending on what substance it is. Every charge bans knowingly manufacturing, delivering and possessing the drugs with the intent to deliver. If you are caught with a large quantity of a controlled substance, the police will likely assume you are trying to sell it. If the prosecutor can determine he or she can prove beyond reasonable doubt that you had the large quantity because you wanted to sell it, the state can charge you with Manufacture or Delivery, and give you harsher punishment than you would receive if they can only prove you merely possessed it. A criminal defense lawyer could find holes in the prosecution's


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Different "Penalty Groups" for Different Substances

There are essentially six penalty groups. In the Health and Safety Code, the law lists substances under each penalty group. The Legislature, which made the law, determined this list, using subjective standards, and created penalties according to how much the accused possesses. Some samples are:

Penalty Group 1: Cocaine, heroin, methamphetamine, codeine, opium, oxycodone, Rohypnol:

Amount

Charge

Jail Time Range

Fine (Up to)

Less than 1 gram

State Jail Felony

180 days to 2  years

$10,000

1-4 grams

Second Degree Felony

2-20 years

$10,000

4-200 grams

First Degree Felony

Life, or 5-99 years

$10,000

200-400 grams

Enhanced First Degree Felony

Life, or 10-99 years

$100,000

More than 400 g

Enhanced First Degree Felony

Life, or 15-99 years

$250,000

Penalty Group 1-A: LSD:

Amount (Units/Hits)

Charge

Jail Time Range

Fine (Up to)

Fewer than 20

State Jail Felony

180 days to 2  years

$10,000

20-80

Second Degree Felony

2-20 years

$10,000

80-4,000

First Degree Felony

Life, or 5-99 years

$10,000

More than 4,000

Enhanced First Degree Felony

Life, or 15-99 years

$250,000

Penalty Group 2: Mescaline, ecstasy, PCP, or

Penalty Group 2-A: Synthetic drugs, including synthetic cannabis:

Amount

Charge

Jail Time Range

Fine (Up to)

Less than 1 gram

State Jail Felony

180 days to 2  years

$10,000

1-4 grams

Second Degree Felony

2-20 years

$10,000

4-400 grams

First Degree Felony

Life, or 5-99 years

$10,000

More than 400 g

Enhanced First Degree Felony

Life, or 10-99 years

$100,000

Penalty Group 3: Xanax, Ritalin, Peyote, Valium, Barbital, Steroids, or

Penalty Group 4: Various prescription drugs:

Amount

Charge

Jail Time Range

Fine (Up to)

Less than 28 g

State Jail Felony

180 days to 2  years

$10,000

28-200 grams

Second Degree Felony

2-20 years

$10,000

200-400 grams

First Degree Felony

Life, or 5-99 years

$10,000

More than 400 g

Enhanced First Degree Felony

Life, or 10-99 years

$100,000

Marijuana is listed separately but carries similar penalties for a similar charge.

Amount

Charge

Jail Time Range

Fine (Up to)

Less than ¼ oz, but given and not for payment

Class B Misdemeanor

Up to 180 days

$2,000

Less than ¼ oz, for payment

Class A Misdemeanor

Up to 1 year

$4,000

¼ oz - 5 lbs.

State Jail Felony

180 days to 2  years

$10,000

5-50 lbs.

Second Degree Felony

2-20 years

$10,000

50-2,000 lbs.

First Degree Felony

Life, or 5-99 years

$10,000

More than 2,000 lbs.

Enhanced First Degree Felony

Life, or 10-99 years

$100,000


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Horak Law | Manufacture or Delivery Lawyer for Harris County

If law enforcement has identified you as someone who manufactures or sells controlled substances, you are a major target for their War on Drugs. Don't be left without the proper defense.

Matt Horak is an experienced criminal defense attorney in Houston who will fight for you. Any weakness in the prosecution could lead to your charges being reduced or dismissed. Call (713) 225-8000 for a free consultation today.


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Our Office in The Woodlands
1790 Hughes Landing Blvd #400 The Woodlands, TX 77380 (281) 907-4990
Our Office in Houston
5300 Memorial Dr #750 A Houston, TX 77007 (713) 225-8000
Free Consultation Fill out the form below and we'll be in touch within 24 hours!

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Matt Horak Matt Horak is Board Certified in Criminal Law by the Texas Board of Legal Specialization since 2014