If police officers find drugs in a person’s possession, they may arrest that person. Most people might expect to face simple possession charges after an arrest, but that isn’t always what happens.
State prosecutors generally tend to pursue the harshest charges that the circumstances may justify. People accused of drug possession may face possession with intent to distribute charges instead of simple possession allegations.
What are the main differences between simple drug possession and possession with intent?
The severity of the charges
Occasionally, minor drug possession offenses are misdemeanor crimes. If the person accused has no prior record, if the drugs are considered a lower-risk substance or if the amount of drugs is negligible, misdemeanor charges are possible.
Possession with intent is a felony offense regardless of the type of drug or the quantity of drugs. Felony drug charges carry more serious minimum and maximum penalties. The record of the conviction also has a stronger negative impact on the defendant’s future.
The defendant’s circumstances
Simple possession is effectively a claim that a person had drugs that they should not possess, likely for personal use. Allegations of possession with intent are effectively an attempt to connect a person to illegal drug trafficking.
Details, including the possession of certain paraphernalia or known connections to those associated with the drug trade, could influence whether the state pursues simple possession or possession with intent charges.
Defendants facing felony drug charges need support to respond effectively. Assessing the state’s case and any prior criminal record with a skilled legal team can help those accused of felony drug offenses begin strategizing for an effective response in criminal court.
