The charge for intent to sell in Pennsylvania is the charge that covers all kinds of selling or intent to sell drugs. The charge is a different and more serious charge than simple possession of a controlled substance. Possession with intent to sell is punishable by at least one year in prison. Depending on the substances involved, the maximum possible penalties may be up to 15 years in prison. The criminal defense attorney team at Applebaum & Associates explains possession with intent to deliver charges in Pennsylvania.
The charge for intent to sell in Pennsylvania is Possession with Intent to Deliver, Pennsylvania law 35 P.S. § 780-113(a)(30). The law makes it a criminal offense to have possession of a controlled substance with the purpose of transferring or delivering the substance to another person. The law calls it intent to deliver which means intent to sell or otherwise distribute. Possession with Intent to Deliver, 35 P.S. § 780-113(a)(30), is the charge for intent to sell in Pennsylvania.
Pennsylvania law 35 P.S. § 780-113(a)(30) – Possession with Intent to Deliver
35 P.S. § 780-113(a)(30) is the Pennsylvania law for possession of a controlled substance with the intent to deliver. The law prohibits manufacturing, selling or giving a controlled substance to another party. It also prohibits possession of a controlled substance with the intent to transfer it to a third party. 35 P.S. § 780-113(a)(30) is a Pennsylvania law that bans creating, selling or giving away a controlled substance as well as possessing a controlled substance with the purpose of transferring it to someone else.
Intent to sell drugs in Pennsylvania
Intent to sell drugs is a unique charge because the police have to prove your intent. In other words, the police have the added task of proving that you planned to sell or transfer the controlled substance to a third person. There can be no delivery charges by accident. Instead, the police have to prove what your purpose was at the time you possessed the drugs.
Typically, the police prove your intent using objective evidence. For example, they might argue that you had too much of the substance at one time for your personal use. They might say that you had scales or bags that demonstrate your intent to sell the drugs. The police may rely on witness testimony.
Whatever the police do in order to try to prove intent to sell drugs in Pennsylvania, you have the right to representation from a criminal defense attorney who represents your interests. Although all law enforcement officers should be aware of constitutional laws that protect you from unreasonable search and seizure, many law enforcement officers violate the constitutional rights of private citizens. Your criminal defense attorney can identify if this has happened to you. They can help you fight back by bringing a motion to throw out improperly gathered evidence. Call the Applebaum & Associates criminal defense attorneys today for an evaluation of your case.
