Utah Possession with Intent Lawyer

In Utah, being charged with unlawful distribution, manufacturing, dispensing, or selling of a controlled substance, can come with hefty fines and a record that can follow you. The penalties include a significant amount of jail time and hefty fines. Jail time can vary depending on how much controlled substance was in your possession, if you were also in possession of a firearm, if you were intending to deliver the substance to a person under the age of eighteen, or even if you have a prior criminal record. These are not charges or penalties you want to face alone, let Weber Law’s team of experienced lawyers help you today.

What is the Statute?

It is unlawful for a person to knowingly and intentionally:

• Produce, manufacture, or dispense, or to possess with intent to produce, manufacture, or dispense, a controlled or counterfeit substance;
• Distribute a controlled or counterfeit substance, or to agree, consent, offer, or arrange to distribute a controlled or counterfeit substance; or
• Possess a controlled or counterfeit substance with intent to distribute.

Additionally, you can be charged with possession of a controlled substance if you are also involved in creating a clandestine laboratory. 

What is the Punishment?

The punishment for being convicted of possession with intent in Utah depends on how much of the controlled substance you possess, and which type of controlled substance you possess.

Possession with intent can be charged as a third-degree felony, second degree felony, first degree felony, or a class A misdemeanor. Your first conviction usually comes with a lesser charge, but if it is not your first charge, the penalties you are facing can be very serious.

A third degree felony is punishable by up to five years imprisonment and a fine of up to $5,000.00. 

A second degree felony is punishable by one to fifteen years imprisonment, and up to a $10,000 fine.

A first degree felony is punishable by imprisonment of not less than seven years but could be for life, and not less than fifteen years to life if the person who you were selling to was less than eighteen years old.

A class A misdemeanor is punishable by up to one-year imprisonment and a fine of up to $1,000.00.

Additionally, if a firearm was used, carried, or possessed on the person or in the person’s immediate possession during the commission of possession of an illegal substance with intent to sell, the court can include an additional sentence of not less than one year and not more than five years, that must be served after your sentence for possession with intent.

These are serious penalties that could have you in prison for a significant amount of time, let Weber Law work to get you the lowest time possible or even no time.

How Can You Fight It?

If you have been cited with unlawful distribution, manufacturing, dispensing, or selling of a controlled substance in Utah, there are a few ways Weber Law can fight for you. Whether it is negotiating to lower the charge to a lesser crime, reducing your fine amount or jail time, making sure the charge doesn’t go on your record, or defending you at trial, Weber Law will work for you every step of the way. By looking at potential evidence such as security cameras, your criminal record, the police report, and potential eye witness testimony, Weber Law will make sure to look at all the details of your case. By using defenses that have been successful in the past, for example, not knowing what you were in possession of, or the drugs being found during an illegal search, Weber Law will create a strong defense for you. At Weber Law we are experienced in defending these charges, winning these cases, and getting you back to everyday life. The court room can be a very intimidating place, you do not have to face it alone, let Weber Law’s team of experienced lawyers help you. A possession charge can have detrimental effects on future careers and your record could be ruined. Do not leave this charge up to chance.

If you or anyone you know has been cited with unlawful distribution, manufacturing, dispensing, or selling of a controlled in the state of Utah, call Weber Law today for a consultation. 

• Utah Code § 58-37-8, Prohibited Acts – Penalties
• Utah Code § 76-3-204, misdemeanor conviction – term of imprisonment
• Utah Code § 76-3-203, Felony conviction—indeterminate term of imprisonment
• Utah Code § 76-3-301, fines of individuals