Possession with intent to sell is a serious drug charge that goes beyond simple possession. It implies the drugs were not for personal consumption, and you intended to distribute them for financial benefit. Here are the elements of possession with intent to sell charges in Virginia.
First, you must possess a controlled substance. Possession can be actual, meaning the drugs are found on your person, or constructive, where drugs are found in a place you control, like your car or home.
The prosecution must also demonstrate your intent to sell or distribute the drugs. Some of the potential indicators include:
- Possessing a large amount of drugs
- Packaging drugs in smaller individual bags
- The presence of items like scales, baggies or large amounts of cash
- Communication devices
Usually, intent is inferred from the circumstances of your case and the evidence collected.
What are the legal consequences?
The penalties for possession with intent to sell controlled substances in Virginia can be severe, and a conviction could result in a lengthy prison sentence and steep fines. Various factors could determine the sentence, such as the quantity and type of drugs involved, your criminal record or whether violence, injury or death is connected to the offense.
The potential defenses
Various defense strategies may apply depending on the facts of your case. You may, for example, challenge the legality of the search and seizure, question the evidence of intent or point out police mistakes that affect the admissibility of specific evidence in court.
There is so much at stake if you are convicted of such serious drug charges, and you cannot risk sitting back and taking your chances. Seeking qualified guidance to navigate the complexities of the legal system and protect your rights is in your best interests.