Under Nevada law, drug offenses are harshly prosecuted, and you could face felony charges for the offense of possession with intent to sell. This crime is unique and somewhat complex, as it is charged when no drug sales have taken place, but rather because the offender intended to sell narcotics. Because of it’s uniqueness, it is essential to speak with a specialized Las Vegas possession with intent to sell attorney about your situation. The lawyers at De Castroverde Law Group are ready to take on your case.

In order to convict a defendant of possession with intent in Las Vegas, the prosecutor must prove the following:

  • The defendant was in possession of some type of illegal drug or controlled substance: “Possession” means that the drugs were either on the defendant’s person or kept in a location that is accessible to the defendant, such as their home, car, or work station.
  • The defendant intended to sell the drugs in Las Vegas: Proving intent can be difficult, as it is based on the defendant’s mental state. Some of the evidence a prosecutor can use to prove that the defendant intended to sell the drugs include:
    • The defendant was in possession of a large amount of drugs, more than a recreational user would possess.
    • The drugs were stored in individual baggies or containers; dealers typically measure out the quantity of the drugs before sale.
    • The defendant was carrying a great deal of cash, especially small bills, which can indicate that they were already selling.
    • The defendant was in possession of drugs but was not high and did not have any drug paraphernalia, which can indicate that they are not a user.
    • The defendant was carrying a weapon, which could mean they were using it as protection, because drug sales can be dangerous.
    • The defendant was in an area that is known for drug dealing.

Read our blog: Possession with Intent to Sell – Proving the Charges

Penalties for Possession with Intent to Sell in Las Vegas

The consequences of conviction for this drug offense depend upon where the substance falls on Nevada’s Drug Schedule and whether the defendant has any prior offenses.

Possession with Intent to Sell – Schedule I or II Drugs
A first offense of possession of a Schedule I or II drug with intent to sell is a Category D Felony and is punishable by:

  • Incarceration in state prison for 1 to 4 years
  • A fine of up to $5,000

A second offense of possession of a Schedule I or II drug with intent to sell is a Category C Felony and is punishable by:

  • Incarceration in state prison for 1 to 5 years
  • A fine of up to $10,000

A third offense of possession of a Schedule I or II drug with intent to sell is a Category B Felony and is punishable by:

  • Incarceration in state prison for 3 to 15 years
  • A fine of up to $20,000

Possession with Intent to Sell – Schedule III, IV, or V Drugs

A first or second offense of possession of a Schedule III, IV, or V drug with intent to sell is a Category D Felony and is punishable by:

  • Incarceration in state prison for 1 to 4 years
  • A fine of up to $10,000

A third or subsequent offense of possession of a Schedule III, IV, or V drug with intent to sell is a Category C Felony and is punishable by:

  • Incarceration in state prison for 1 to 5 years
  • A fine of up to $10,000

Need a Las Vegas lawyer for possession with intent charges?

Our Las Vegas criminal attorneys at De Castroverde Law Group are experienced in defending clients against all types of drug charges, and we can fight for you. We can build a comprehensive defense and seek to have your charges dropped or reduced if your rights have been violated, and our team will relentlessly advocate for your best interests.

If you are charged with possession with intent to sell in Las Vegas, do not hesitate to contact our proven firm at 702-222-9999 to learn how we can represent your case.