In Nebraska, facing charges of intent to distribute drugs places you at the center of a serious legal battle. According to most recent Nebraska crime data, Drug Abuse Violations topped the list with 7,446 arrests, far surpassing other categories such as Driving Under the Influence and Simple Assault.
This statistic underscores Nebraska’s rigorous enforcement against drug-related offenses, making the stakes incredibly high for anyone facing intent to distribute charges.
Intent to distribute is generally treated as a felony in Nebraska, potentially leading to severe penalties, including lengthy prison terms, hefty fines, and lasting impacts on personal and professional opportunities.
Given the complex nature and severe potential consequences of such charges, having a seasoned attorney by your side is crucial.
Intent to Distribute Charge
Nebraska Revised Statute 28-416 sets forth the legal framework for addressing charges related to the intent to distribute controlled substances. Under this statute, individuals found possessing drugs with the intention of distributing them face serious legal repercussions.
The severity of the charges typically depends on the type and quantity of the controlled substance involved, the individual’s prior criminal history and the proximity of the offense to designated areas like schools or playgrounds.
What Does “Intent to Distribute” Mean?
“Intent to distribute” refers to cases where an individual is found with drugs and is believed to have plans to sell or distribute them rather than just possessing them for personal use. The key element here is the intent; it’s not just about having the drugs but what the individual plans to do with them.
For example, if someone is caught with a large quantity of medicines divided into smaller, packaged amounts, this could be seen as evidence of intent to distribute. Other indicators include possession of scales, large amounts of cash, or communications (like text messages) that suggest sales activity.
Is Intent to Distribute a Felony?
In Nebraska, intent to distribute is typically charged as a felony. The classification of the felony—whether it is a Class II, Class III, etc.—depends on factors such as the type and amount of the drug involved, the proximity to schools, and whether minors were targeted. The law strictly prohibits the unauthorized manufacture, distribution, or possession with intent to distribute controlled substances. How severely you are penalized under these laws varies depending on the type of drug involved. Specifically:
● Hazardous drugs. If you handle exceptionally hazardous drugs, which are classified under Schedules I, II, or III, such as heroin or methamphetamine, you could be charged with a Class II felony.
● Serious controlled substances. For less hazardous but still serious controlled substances also under Schedules I, II, or III, the charge is typically a Class IIA felony.
● Controlled substances. For controlled substances that are considered less dangerous and classified under Schedule IV or V, such as some prescription drugs, the penalty drops to a Class IIIA felony.
Separately, mere possession of any controlled substance without proper authorization, except marijuana or certain specific substances, results in a Class IV felony charge. The law, however, provides exceptions if the substance was obtained directly through a valid medical prescription or under other authorized circumstances. Essentially, if the state believes you intended to distribute illegal drugs, you will face felony charges, which are more serious than misdemeanors and carry heavier penalties.
Penalties for Possession with Intent to Distribute
The penalties for possession with intent to distribute in Nebraska are severe and can have a lasting impact on one’s life. If convicted, individuals face significant jail time, hefty fines, and a felony record that can affect employment, housing, and more.
The exact penalties vary based on the drug’s schedule classification, the quantity, and prior offenses. For example, possession with intent to distribute a Schedule I drug in a high quantity near a school could lead to many years in prison and thousands of dollars in fines.
Given these high stakes, anyone charged under this statute needs effective legal representation to challenge the prosecution’s evidence, negotiate plea deals, or fight the charges in court. Having a knowledgeable attorney can make a crucial difference in the outcome of the case.
Have You Been Charged with a Felony Drug Crime?
If you or someone you love was recently charged with possession with intent to distribute, it is essential that you secure the assistance of an experienced criminal defense attorney. At Petersen Criminal Defense, we have decades of combined experience and have handled over 8,000 criminal trials.
We understand what it takes to get the result you are looking for, no matter what the evidence looks like. To learn more about the services we provide and to schedule a free consultation today, give us a call or connect with us through our secure online contact form.
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