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Possession with Intent to Deliver

Any arrest for alleged possession of an illegal drug can carry serious penalties, but criminal charges become even more severe when a person is accused of having had the intent to sell the controlled substance in question. Intent to deliver charges typically result when an alleged offender has a large amount of cash at the time of arrest, the drugs are sorted into smaller pre-packaged amounts, or authorities have evidence such as text messages or audio communications about the sale of a controlled substance.

Without concrete evidence of a plan to distribute the drugs in question, intent to sell charges can be very difficult for prosecutors to prove beyond a reasonable doubt. Many people face these types of charges simply for possessing a large amount of a controlled substance that was only intended for personal use.

Lawyer for Possession with Intent to Deliver Arrests in Fort Worth, TX

Were you recently arrested or do you think that you could be under investigation for allegedly possessing a controlled substance with intent to distribute in the DFW area? Do not say anything to authorities until you have contacted Townsend, Gebhardt & Eppes, PLLC.

Andrea Townsend, Steven Gebhardt, and Brian Eppes are experienced criminal defense attorneys in Fort Worth who defend individuals accused of all kinds of drug offenses throughout Tarrant County, Parker County, and Johnson County, including Arlington, Weatherford, Fort Worth, Cleburne, and many other local communities. Call 817-502-3600 today to take advantage of a free, confidential consultation that will allow our lawyers to provide an honest and thorough evaluation of your case.


Overview of Possession with Intent to Deliver Crimes in Tarrant County


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Possession with Intent to Deliver Charges in Texas

Chapter 481 of the Texas Health and Safety Code is more commonly referred to as the Texas Controlled Substances Act. Numerous statutes under this chapter prohibit people from knowingly possessing with intent to deliver a controlled substance, but the grades for such crimes depend on the Penalty Group that the illegal drug has been classified under and the amount of the controlled substance that was allegedly possessed.

Possession with intent to sell crimes are generally classified as follows:

Possession with Intent to Deliver Controlled Substance in Penalty Group 1

Under Texas Health and Safety Code § 481.112, offenses involving alleged possession with intent to distribute any controlled substance in Penalty Group 1 are graded as follows:

  • Less than 1 gram — State jail felony;
  • 1 gram or more but less than 4 grams — Second-degree felony;
  • 4 grams or more but less than 200 grams — First-degree felony; and
  • 200 grams or more — Enhanced first-degree felony.

Possession with Intent to Deliver Controlled Substance in Penalty Group 1-A

Texas Health and Safety Code § 481.1121 establishes that crimes involving alleged possession with intent to sell any controlled substance in Penalty Group 1-A are graded as follows:

  • Fewer than 20 abuse units — State jail felony;
  • 20 or more but fewer than 80 — Second-degree felony;
  • 80 or more but fewer than 4,000 — First-degree felony; and
  • 4,000 or more — Enhanced first-degree felony.

Possession with Intent to Deliver Controlled Substance in Penalty Group 2 or 2-A

Under Texas Health and Safety Code § 481.113, offenses involving alleged possession with intent to distribute any controlled substance in Penalty Group 2 or 2-A are graded as follows:

  • Less than 1 gram — State jail felony;
  • 1 gram or more but less than 4 grams — Second-degree felony;
  • 4 grams or more but less than 400 grams — First-degree felony; and
  • 400 grams or more — Enhanced first-degree felony.

Possession with Intent to Deliver Controlled Substance in Penalty Group 3 or 4

Texas Health and Safety Code § 481.114 establishes that crimes involving alleged possession with intent to sell any controlled substance in Penalty Group 3 or 4 are graded as follows:

  • Less than 28 grams — State jail felony;
  • 28 grams or more but less than 200 grams — Second-degree felony;
  • 200 grams or more but less than 400 grams — First-degree felony; and
  • 400 grams or more — Enhanced first-degree felony.

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Possession with Intent to Deliver Penalties in Tarrant County

The punishments for convictions for possession with intent distribute a controlled substance depend on the grade of the alleged offense. Generally, the maximum sentences allowed for such crimes are as follows:

  • State jail felony — Punishable by up to two years in state jail and/or a fine of up to $10,000;
  • Second-degree felony — Punishable by up to 20 years in prison and/or a fine of up to $10,000; or
  • First-degree felony— Punishable by up to 99 years or life in prison and/or a fine of up to $10,000.

Enhanced first-degree felony offenses for possession with intent to distribute 200 grams or more but less than 400 grams of any controlled substance in Penalty Group 1 or 400 grams or more of a controlled substance in Penalty Group 2, 2-A, 3, or 4 are punishable by a minimum of 10 years up to 99 years or life in prison and/or a fine of up to $100,000 if the crime involved controlled substance in Penalty Group 1. If the alleged offender possessed with intent to sell 400 grams or more of a controlled substance in Penalty Group 1 or 4,000 or more substance abuse units of a controlled substance in Penalty Group 1-A, a conviction is punishable by a minimum of 15 years up to 99 years or life in prison and/or a fine of up to $250,000.

If an alleged offender possesses with intent to distribute a controlled substance not listed in a penalty group, the first offense is a Class A misdemeanor punishable by up to one year in jail and/or a fine of up to $4,000. A second offense is a state jail felony and any subsequent offense becomes a third-degree felony punishable by up to 10 years in prison and/or a fine of up to $10,000.


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Texas Possession with Intent to Deliver Resources

Recovery Resource Council — Recovery Resource Council is a 501(c)(3) nonprofit organization that provides case management and behavioral health services to those seeking help with substance abuse and mental health issues. On this website, you can learn more some of the programs and services the organization provides. You can also find information about upcoming events, recent press releases, and links to other local, state, and national resources.

Recovery Resource Council
2700 Airport Fwy.
Fort Worth, TX 76111
(817) 332-6329

Texas Health and Safety Code | Title 6, Chapter 481, Subchapter D — View the full listings of drugs for each Penalty Group in Texas. You can also find information about exemptions. The full text of possession with intent to deliver statutes is also contained in this subchapter.


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Townsend, Gebhardt & Eppes, PLLC | Fort Worth Possession with Intent to Deliver Defense Attorney

If you believe that you might be under investigation or you were already arrested in the DFW area for alleged possession with intent to distribute a controlled substance, it is in your best interest to immediately seek legal representation. Townsend, Gebhardt & Eppes, PLLC can challenge a prosecutor’s claim of an intent to sell and fight to possibly get the criminal charges reduced or dismissed.

Fort Worth criminal defense lawyers Andrea Townsend, Steven Gebhardt, and Brian Eppes represent clients in Cleburne, Arlington, Weatherford, Fort Worth, and several surrounding areas of Tarrant County, Parker County, and Johnson County. Our attorneys will review your case and answer all of your legal questions when you call 817-502-3600 or complete an online form to schedule a free initial consultation.


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