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Possession With Intent

Fredericksburg Possession with Intent to Sell Defense Attorney

What is Considered Intent to Sell in Virginia? 

In the Code of Virginia, § 18.2-248 describes the offense of "possessing with intent to manufacture, sell, give, or distribute a controlled substance or an imitation controlled substance." Possession with intent is a serious allegation that typically assumes the accused is participating in a larger drug economy. No sale even has to take place—only the assertion that the accused was planning to distribute the substance.

Like other states, Virginia organizes controlled substances into a schedule to help decide how seriously certain drug offenses should be treated. Schedule I is contains the substances the government deems most dangerous (such as heroin, LSD, etc.), while Schedule IV contains prescription medications with addictive qualities.

Penalties for a possession with intent charge can include:

  • Schedule I - Five to 40 Years in Prison
  • Schedule II - Five to 40 years in Prison
  • Schedule III - Up to 10 years in Prison
  • Schedule IV - Up to Five Years in Prison

Want to learn more about what my firm can do for you during this uncertain time? Fill out our online form to request a free case evaluation today.

Possession With Intent Laws in Virginia

No matter the state, drug charges are steep across the nation. The penalties increase severely when the police believe you were distributing or manufacturing drugs. The authorities want to stop drug use at the source, so they use harsh sentences to dissuade people from getting into the drug business.

Here is a broad overview of Virginia’s laws and penalties regarding possession with intent.

What Elevates a Drug Possession Charge?

Possession with intent is a crime that heavily relies on police intuition. Often, there are no direct charts or formulas for them to consult. They simply survey the situation and make assumptions about what they see.

Here are some ways the police can infer possession with intent:

  • There is a firearm present.
  • There is a large quantity of the drug.
  • There is a large quantity of cash present.
  • The police don’t believe the possessor was using the drugs.
  • The alleged offender has a prior possession with intent charge.
  • Packaging and distribution materials are present. These items could include baggies, zip ties, scales, and so on.

As you can see, the evidence for a possession with intent charge can be flimsy. The authorities can make broad assumptions and use them against you. You, therefore, may have a chance to counter their claims with harder, more verifiable evidence. Work closely with your attorney to dig up the facts of your case, and you may be able to beat your charges in court.

Possession with Intent Penalties in Virginia

Drug possession charges typically depend on the drug in question. With an intent to distribute allegations, the amount of drugs found could also affect the penalties.

Controlled substances come in “classes.” The lower the class number, the higher the charges are, so Class I drugs are more illegal than Class V drugs.

Andrew J. Cornick, Attorney at Law Drug Legal Counsel

There are other factors to consider with each of these cases, including the quantity of the substance found and the accused's criminal history. If you are facing a possession with intent accusation, my firm is ready to hear from you. I'm prepared to assess the circumstances of your case and, if necessary, thoroughly challenge the Commonwealth's allegations against you both in and outside the courtroom.

If you have been charged with possession with intent, then the time to speak with a dedicated and proven Fredericksburg drug crime defense attorney is now. I am Andrew J. Cornick, Attorney at Law, a former prosecutor with an intimate knowledge with how our Virginia courts pursue drug convictions. I know what needs to be done to protect my clients' interests and how to ensure they are given the defense they deserve before our justice system.

Do not hesitate to start protecting your future. Contact me at (540) 386-0204 today.


Andrew Cornick

For more than 17 years, Attorney Andy Cornick has devoted his career to the practice of criminal law. He has defended clients accused of DUI/DWI, first-degree murder, and many other crimes. As a former prosecutor with experience on the other side of the courtroom, he pursues each case with an unmatched upper hand.

"MY GOAL IS TO EMPOWER MY CLIENTS. I take great pride working within the system to prevent miscarriages of justice whenever I can." - Andrew J. Cornick

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