Many states are changing their drug laws, making it difficult for residents and visitors to know when or for what they could face criminal charges. For example, exactly how many drugs must someone be carrying to get charged with possession of a controlled substance with intent to sell in Las Vegas?
Understanding Intent to Sell Charges in Las Vegas
In Nevada, a person cannot possess a controlled substance or illegal drugs with the purpose of selling them to others. There is no specific quantity of drugs that would constitute an intent to sell. There also does not need to be an actual execution of a sale to face intent to sell charges. Therefore, many people can find themselves facing these charges even if they are not guilty of intending to sell illegal drugs.
Evidence Commonly Used in Intent to Sell Charges
Law enforcement commonly uses the following evidence to argue intent to sell:
- Packaging material
- Measuring tools, such as a scale
- Cutting or grinding devices
- Large quantities of drugs
- Informants
- Surveillance videos, photos, or wiretaps
- Witness testimony
What Are the Penalties for an Intent to Sell Conviction?
The penalties for an intent to sell conviction depend on which drug is involved. Schedule I and II drugs result in more severe penalties than Schedule III, IV, or V drugs.
The Controlled Substance Act, a federal law passed in 1970, classifies illegal drugs into five schedules. Schedule I drugs have the highest potential for abuse or dependence, whereas Schedule V drugs have the least.
Under Nevada law, the consequences of an intent to sell conviction of a Schedule I or II drug are:
- First offense – Prison term of 1 to 4 years and a fine of up to $5,000 (Category D felony)
- Second offense – Prison term of 1 to 5 years and a fine of up to $10,000 (Category C felony)
- Third or subsequent offense – Prison term of 3 to 15 years and a fine of up to $20,000 (Category B felony)
Under Nevada law, the consequences of an intent to sell conviction of a Schedule III, IV, or V drug are:
- First and second offense – Prison term of 1 to 4 years and a fine of up to $5,000 (Category D felony)
- Third or subsequent offense – Prison term of 1 to 5 years and a fine of up to $10,000 (Category C felony)
How Can an Attorney Help with an Intent to Sell Charge in Las Vegas?
Everyone deserves a fair trial and the presumption of innocence, and an experienced criminal defense attorney can ensure that the prosecutor and law enforcement respects your rights. Your attorney can gather evidence to support your case, prepare a compelling defense, negotiate for a plea deal if possible and desirable, and represent you in court if necessary. Having a seasoned criminal defense lawyer on your side can significantly impact the outcome of your case and your future.
Contact Adras & Altig, Attorneys at Law, to Fight an Intent to Sell Charge in Las Vegas
If you are facing an intent to sell charge in Las Vegas, Adras & Altig, Attorneys at Law, understand the seriousness of this moment. We work hard and achieve results for our clients because we know their future is on the line. Contact Adras & Altig, Attorneys at Law, today for a free case evaluation.
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At Adras & Altig, we believe that every client we work with deserves a fresh start. Our dedicated Las Vegas criminal defense attorneys take the time to get to know you so we can understand the circumstances surrounding your arrest.