Possession With Intent to Distribute

Have state or federal authorities arrested and or indicted you for possession of controlled substances with intent to distribute? Prosecutors treat drug distribution cases seriously, and the consequences of conviction are severe. If you’re facing charges of possession with intent to distribute, an experienced criminal defense attorney can stand up for your reputation and rights and help you seek the best possible outcome for your freedom and future.

The St. Louis drug crime defense attorneys with Frank & Juengel Law Group P.C., want to provide you with the committed advocacy you deserve. Contact us today for an initial case review and discuss your legal options for facing Possession with Intent to Distribute charges.

Understanding PWID Charges Under State and Federal Law

Missouri law similarly makes it illegal for a person to knowingly:

Distribute or deliver a controlled substance
Attempt to distribute or deliver a controlled substance
Possess a controlled substance with the intent to distribute or deliver
Permit a minor to purchase or transport illegally obtained controlled substances

Illinois law makes it illegal for a person to knowingly manufacture or deliver or possess with intent to manufacture or deliver a controlled substance, controlled substance analog, or counterfeit substance.

The federal possession with intent to distribute statute makes it illegal for a person to knowingly or intentionally:

Manufacture, distribute, dispense, or possess with intent to manufacture, distribute, dispense a controlled substance, or
Create, distribute, dispense, or possess with intent to distribute or dispense a counterfeit substance.

State and federal prosecutors may decide to charge a defendant with possession with intent to distribute instead of simple possession of drugs based on:

The quantity of drugs found in the defendant’s possession
The packaging/storage of the drugs
Other items in the defendant’s possession indicative of drug distribution (such as packaging materials, scales, or large quantities of cash)

When a defendant possesses significant quantities of drugs—more than a person could safely consume by themselves—or possesses drugs packaged for transportation or individual sale, a jury may infer that the defendant intended to distribute or sell those drugs.

Penalties for Possession with Intent to Deliver Convictions

Penalties for a Possession with Intent to Distribute conviction under Illinois or Missouri law will depend on the type and quantity of drugs involved. In Missouri, possession with intent to distribute constitutes a Class E, C, or B felony, depending on the type and quantity of drugs and aggravating circumstances in the offense. Penalties for conviction can include:

Class B felony: Five to 15 years
Class C felony: Three to ten years
Class E felony: Up to four years imprisonment

In Illinois, possession with intent to distribute typically constitutes a Class 3 or 2 felony, which carries penalties of two to five years (extended term of five to ten years) or three to seven years (extended term of seven to 14 years), respectively.

However, Possession with Intent to Distribute becomes a Class 1 or Class X felony with much longer prison terms for possessing various quantities of specific drugs with intent to distribute. Class 1 felony penalties include four to 15 years in prison (or an extended term of 15 to 30 years). Class X felony convictions for Possession with Intent to Distribute can result in prison sentences ranging from six to 60 years, depending on the type and quantity of drugs.

Federal law tends to impose much harsher penalties for possession with intent to distribute convictions than state criminal law. Sentencing ranges after a federal conviction will also depend on the type and quantity of controlled substances. In most cases, federal courts can impose a sentence of up to 20 years or longer depending on the quantity of drugs for a conviction for possession with intent to distribute.

However, the law imposes a mandatory minimum five-year sentence and a maximum 40-year sentence for possessing specific quantities of illegal controlled substances. This sentencing range increases to ten years to life imprisonment for increased quantities. The law also imposes a 20-year mandatory minimum sentence for an offense that results in someone suffering severe injury or death from drugs distributed by the defendant.

Federal courts can impose enhanced penalties for aggravating circumstances, such as:

Prior felony drug or violent crime convictions
Distributing drugs to individuals under 21
Distributing drugs near protected locations like schools, playgrounds, youth centers, public pools, or public housing

Defenses to Charges of Possession with Intent to Distribute

Defendants facing state or federal charges for possession with intent to distribute may pursue various defense strategies to reduce or dismiss their charges or obtain an acquittal at trial. Common defenses used in Possession with Intent to Distribute cases include:

Lack of actual or constructive possession: Many PWID cases involve defense strategies claiming that the defendant lacked actual or constructive possession of seized drugs by arguing that the defendant did not have physical possession, custody, or control over the drugs.
Identity of substance: In some cases, a defendant may assert that a substance does not qualify as a controlled substance, including noting the lack of laboratory testing to confirm the substance’s identity, challenging the reliability of lab testing, or highlighting breaks in the chain of custody.
Lack of intent to distribute: A defendant may move to reduce their charges to simple possession by arguing that they did not intend to distribute the drugs seized from them, but instead possessed them for personal consumption.
Unlawful search/seizure: Defendants frequently move to exclude seized drugs from evidence by arguing that law enforcement obtained the drugs in an unlawful search. A search may be unlawful if police lacked a search warrant or reasonable suspicion to initiate a search.
Improperly obtained statements: A defendant may seek to exclude their statements to investigators because interrogators failed to advise them of their rights before questioning or obtained the defendant’s statements through coercion or other unlawful means.

Why Choose a Criminal Defense Attorney from Frank & Juengel Law Group P.C., After an Arrest for Possession with Intent to Distribute?

State and federal authorities vigorously prosecute defendants charged with drug distribution, which is why it’s so important to seek the help and protection of an experienced criminal defense attorney. Clients facing drug distribution charges in state and federal courts in the St. Louis area have turned to the legal team at Frank & Juengel Law Group P.C., for critical advice and advocacy in Possession with Intent to Distribute cases because:

We have over 50 years of combined legal experience in the state and federal criminal justice systems, allowing us to advocate for the rights and interests of clients facing drug charges.
Our attorneys take the time to prepare each case thoroughly, investigating every possible defense strategy. We prepare every case for trial, which means we have a robust defense argument to advocate for a favorable outcome.
Our dedication to success and proven track record have earned us various awards and accolades, including recognition from the National Trial Lawyers Association and Super Lawyers. Our firm has also received the highest AV peer rating from Martindale-Hubbell.

Contact Us Today to Discuss Your Legal Options

If you’ve been arrested for possession of drugs with intent to distribute, get experienced legal representation that can help you protect your rights and future. Contact Frank & Juengel Law Group P.C., today for a confidential consultation with our dedicated team of attorneys. We are ready to discuss how we can help you pursue a favorable outcome to the charges against you.

Possession With Intent to Distribute