Randall, Page & Bruch, P.C. – Attorneys at Law

Virginia Possession with Intent to Distribute Criminal Defense Attorney

Any person in Virginia charged with possession with intent to distribute drugs, commonly referred to as PWID, could face substantial penalties if convicted. The Commonwealth of Virginia takes all drug offenses seriously, particularly crimes related to selling, trafficking, and distributing narcotics. At Randall, Page & Bruch, P.C., our qualified and experienced Virginia possession defense attorneys are ready to help you. We regularly help clients in and around the Courtland, Suffolk, Emporia, and Lawrenceville areas handle charges just like this. Our goal is to review the facts of the case, formulate a sound defense on your behalf, and help get the charges against you reduced or dismissed.

Defining PWID in Virginia

When we turn to Virginia Code Section 18.2-248, we can see that a person can face substantial penalties if convicted of possession with intent to distribute.

Possession with intent to distribute charges means that a person has been accused of holding drugs that they intend to sell to others. With these charges in Virginia, the “intent” to distribute can be determined in a number of ways. Typically, the most common method of determining whether or not a person intended to distribute a controlled substance is by taking note of the sheer quantity of the substance in the person’s possession.

The charge a person receives for PWID depends on the type of control substance a person is caught with and the amount of the substance they have. Additionally, law enforcement officials and prosecutors can look at how the product is packaged and whether or not there was any drug paraphernalia in the presence of the narcotics.

Penalties for PWID charges in Virginia

Possession with intent to distribute charge penalties will vary depending on the “schedule” of the drug. Here, we want to briefly review the schedules, some of the drugs in each schedule, and the maximum penalties associated with a PWID conviction:

  • Schedule I – heroin, ecstasy (MDMA), LSD, GHB, marijuana (marijuana has separate penalties)
    • First offense: 5 – 40 years in prison and a fine up to $500,000
    • Second offense: Five years to life in prison and a fine of up to $500,000. Three years mandatory minimum
    • Third offense: 10 years to life in prison and a fine of up to $500,000, ten years mandatory minimum
  • Schedule II – methamphetamine (crystal meth), morphine, PCP, cocaine, methadone, Ritalin
    • First offense: 10 – 40 years in prison and a fine of up to $500,000
    • Second offense: 10 years to life in prison and a fine of up to $500,000
    • Third offense: 10 years to life in prison with a mandatory minimum of three years in prison
  • Schedule III – anabolic steroids, codeine and hydrocodone, ketamine, various barbiturates, depressants
    • Schedule III substances are punished as class 5 felonies, resulting in one to ten years in prison, up to 12 months in jail, or a fine of up to $2,500.
  • Schedule IV – Darvon, Valium, Rohypnol, Xanax, other Tranquilizers
    • Schedule IV substances are punished as class 6 felonies, resulting in one to five years in prison, up to 12 months in jail, or a fine of up to $2,500.
  • Schedule V – codeine-based cough medicines and some over-the-counter medications
    • All offenses are class 1 misdemeanors and can result in a sentence of up to 12 months in jail and/or a fine of up to $2,500.

Contact our criminal defense team for help immediately

If you or somebody you care about are facing charges of possession with intent to distribute drugs in Virginia, seek legal assistance as soon as possible. These cases are taken very seriously by law enforcement officials and prosecutors, and you need to have a strong advocate by your side who can help you through this entire process. At Randall, Page & Bruch, P.C., our criminal defense lawyer in Virginia has extensive experience handling cases like this, and we are ready to get to work on your behalf. Let us investigate the evidence against you and pursue every avenue towards getting these charges reduced or dismissed. When you need a Virginia possession with intent to distribute defense attorney, you can contact us for a free consultation of your case by clicking here or by calling 757-517-8956.

Virginia Possession with Intent to Distribute Criminal Defense Attorney Legal Team

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