Possession With Intent to Deliver (PWID)
The War on Drugs makes those who sell drugs top targets. If you're accused of being a drug dealer, you may face very severe penalties. To cast a wide net, the Commonwealth of Pennsylvania has, instead of just making selling drugs illegal, made it illegal to possess drugs with the intent to deliver — meaning to sell, distribute, transport, or manufacture.
Philadelphia Possession With Intent to Deliver Lawyer
Our dedicated defense lawyers at Alva Foster & Moscow, LLC will stand up for your rights if you're facing PWID charges. We will zealously fight for your rights, challenging the prosecutor's evidence and seeking to have your charges reduced or dismissed. Accused drug dealers face tough prosecution. Have an even tougher criminal defense attorney on your side. Call Alva Foster & Moscow, LLC today at (215) 665-1695 to set up a consultation.
We can represent those accused of possession with intent to distribute in Philadelphia and the surrounding areas, including Bucks, Montgomery, Delaware, and Chester Counties. We also represent clients throughout Pennsylvania and New Jersey.
Possession With Intent to Deliver Charges in Pennsylvania
In the Pennsylvania Controlled Substances, Drugs, Device and Cosmetic Act, "deliver" means the actual, constructive or attempted transfer of any controlled substance from one person to another person or people. For any narcotic other than marijuana, the law does not make the distinction between conducting a transaction for profit or giving the drug away for free, so, technically, offering a friend a line of cocaine may be considered delivery.
It is a crime not only to deliver drugs, but to possess drugs with the intent to deliver. Prosecutors may use a variety of different kinds of evidence to try to prove this intent. The most common is the amount: That the suspect possessed more drugs than one would usually have for personal use, so he or she must have intended to sell them.
Prosecutors may also use evidence like how the narcotics were allegedly packaged, if there was any equipment like scales or baggies nearby, if there was a large amount of money present, where the suspect was at the time of the arrest, or any behavior they alleged the suspect was engaging in.
PWID can be very subjective, with prosecutors doing their best to ramp up simple possession charges. Your Philadelphia drug defense lawyer can work to show the weaknesses in the charges, and can challenge the evidence, seeking to get it thrown out. Charges may then be reduced or dismissed entirely.
Punishment for Philadelphia PWID
The punishment meted out for possession with intent to deliver can depend on the schedule the controlled substance falls under. The Pennsylvania drug law divides drugs into five different schedules, based on how dangerous they judge the drug to be.
Schedule I contains drugs for which the General Assembly felt there was no accepted medical use and the drugs had the highest potential for abuse. This schedule includes LSD, heroin and synthetic drugs, like spice.
Schedule II includes substances with a medical use with severe restrictions and a high potential for abuse. Cocaine, opium, methamphetamines (meth) and methadone are on this schedule.
Schedule III drugs have a medical use and less potential for abuse, including anabolic steroids.
Schedule IV includes drugs with an accepted medical use and a lower potential for abuse. It includes many prescription medications.
Schedule V contains substances with an accepted medical use and the least potential for abuse, including many prescription medications with low levels of codeine.
Any PWID charge for a Schedule I or II drug that is derived from an opiate or chemical synthesis, called a "narcotic drug" in the law, results in a felony charge and up to 15 years in prison and up to a $250,000 fine. For PCP, meth or cocaine, you could face up to 10 years and a $100,000 fine.
Any other Schedule I, II or II controlled substance, if convicted, will result in up to five years in prison and a $15,000 fine. A Schedule IV drug could lead to up to three years in prison and a $10,000 fine. PWIDs for Schedule V controlled substances are the only misdemeanors, and may result in up to a year in jail and a $5,000 fine.
Alva Foster & Moscow, LLC | Philadelphia Attorney for Drug Dealer Defense
If you’re facing PWID charges, the difference between liberty and prison may be an experienced, tough Philadelphia possession with intent to deliver lawyer. Our criminal defense attorneys at Alva Foster & Moscow, LLC will fight for your rights. If you've been accused of possession with intent to deliver anywhere in the Philly area, including Bucks, Montgomery, Delaware, and Chester Counties, call us at (215) 665-1695 to set up a consultation.