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Drug Trafficking Charges in Mercer, PA: What You Need to Know
Dealing with drug-related accusations is a stressful experience, particularly when the charges could lead to severe penalties. In Mercer, Pennsylvania, the laws surrounding drug trafficking are exceptionally strict.
Key Elements of Possession with Intent to Sell Charges
You could be facing serious legal trouble if you are accused of any of the following activities involving controlled substances or their chemical look-alikes:
- Selling or making an offer to sell.
- Preparing for shipment or actively shipping.
- Transporting or delivering.
- Organizing or helping with distribution.
Under Pennsylvania law, these actions are classified as either aggravated trafficking or drug trafficking and are prosecuted with the highest level of severity. For anyone facing these allegations, consulting with an experienced Mercer criminal lawyer is a critical first step.
Difficulties in Proving Criminal Intent
The prosecution has the responsibility to prove, beyond a reasonable doubt, that a person intended to distribute or sell illegal drugs. The evidence used is often circumstantial and may include:
- The discovery of a large amount of cash.
- Finding a significant quantity of a controlled substance divided into smaller, uniform amounts.
This type of indirect evidence can present a challenge for prosecutors, but it is often the foundation of drug trafficking cases. Understanding these nuances is vital, and a knowledgeable Mercer DUI lawyer can help dissect the prosecution’s case.
What’s at Stake for the Accused?
Given the serious nature of these offenses, which are frequently associated with drug dealing, a conviction can lead to very harsh penalties, including:
- Long prison sentences.
- Significantly higher penalties than those for simple possession charges.
Seek Qualified Legal Defense in Mercer
If you are dealing with such accusations in Mercer County, it is essential to protect your rights. Before you speak with law enforcement:
- Get immediate legal advice.
- Contact qualified defense attorneys. A skilled Mercer criminal lawyer can provide the guidance you need.
The Logue Law Group offers detailed case evaluations and explains your legal options during a no-obligation initial consultation. So, consult with an expert Mercer criminal lawyer to make sure your rights are protected.
Take Action Today
A charge for possession with intent to sell can dramatically change your life. Being proactive with your legal defense is crucial, and speaking with an experienced Mercer DUI lawyer can help you understand your options and protect your rights:
- Schedule a free consultation.
- Strengthen your defense with expert legal advice from a seasoned lawyer.
Fight back against these serious charges by calling 412.389.0805 now. You don’t have to face this alone—professional legal support from a dedicated Mercer criminal lawyer is just a phone call away.
What is the penalty for Possession with Intent to Distribute in Pennsylvania?
“All violations outlined within this law are categorized as either aggravated drug trafficking or drug trafficking offenses. The categorization of these crimes is determined by factors such as the quantity and type of controlled substance involved, the offender’s prior criminal history, and where the alleged offense took place.” A knowledgeable Mercer DUI lawyer can help you understand the specifics of your case.
| Drug | Amount | Offense Level | Guidance |
| Controlled substances classified under Schedule I or Schedule II | Below the bulk quantity | A fourth-degree felony, elevated to a third-degree felony if the offense allegedly occurred near a school or involved a juvenile. | Section 2929.13(C) of the Pennsylvania Revised Code. |
| Meets or surpasses the bulk quantity but is less than five times the bulk amount | A third-degree felony, escalated to a second-degree felony if the offense allegedly occurred near a school or involved a juvenile. | Presumption for a prison term, mandatory if the alleged offender has two or more previous convictions for felony drug abuse. | |
| Meets or exceeds the bulk quantity by at least five times but is less than 50 times the bulk amount. | A second-degree felony, elevated to a first-degree felony if the offense allegedly occurred near a school or involved a juvenile. | Compulsory prison sentence. | |
| Meets or surpasses 50 times the bulk quantity but remains below 100 times the bulk amount. | A first-degree felony. | Compulsory maximum prison sentence. | |
| Meets or surpasses 100 times the bulk quantity. | A first-degree felony. | Compulsory maximum prison sentence. | |
| Controlled substances categorized under Schedule III, Schedule IV, or Schedule V. | Below the bulk quantity. | A fifth-degree felony, elevated to a fourth-degree felony if the offense allegedly occurred near a school or involved a juvenile. | Under Pennsylvania Revised Code § 2929.13(B), there’s a presumption for a prison term if the offense is purportedly committed near a school or involves a juvenile. |
| Meets or exceeds the bulk quantity but is less than five times the bulk amount. | A fourth-degree felony, escalated to a third-degree felony if the offense is allegedly committed near a school or involving a juvenile. | Under Pennsylvania Revised Code § 2929.13(B), but Pennsylvania Revised Code § 2929.13(C) if the offense is purportedly committed near a school or involves a juvenile. | |
| Meets or surpasses five times the bulk quantity but remains below 50 times the bulk amount. | A third-degree felony, elevated to a second-degree felony if the offense is purportedly committed near a school or involves a juvenile. | Prison term presumption. | |
| Meets or surpasses 50 times the bulk quantity. | A second-degree felony, heightened to a first-degree felony if the offense is purportedly committed near a school or involves a juvenile. | Mandatory incarceration. | |
| Cocaine | Below 5 grams. | A fifth-degree felony, elevated to a fourth-degree felony if the offense is purportedly committed near a school or involves a juvenile. | According to Pennsylvania Revised Code § 2929.13(B), but Pennsylvania Revised Code § 2929.13(C) applies if the offense is purportedly committed near a school or involves a juvenile. |
| More than 5 grams but less than 10 grams. | A fourth-degree felony, heightened to a third-degree felony if the offense is purportedly committed near a school or involves a juvenile. | Under Pennsylvania Revised Code § 2929.13(B), but with a presumption for a prison term if the offense is purportedly committed near a school or involves a juvenile. | |
| More than 10 grams but less than 20 grams. | A third-degree felony, elevated to a second-degree felony if the offense is purportedly committed near a school or involves a juvenile. | Under Pennsylvania Revised Code § 2929.13(B), but with a presumption for a prison term if the offense is purportedly committed near a school or involves a juvenile. | |
| More than 20 grams but less than 27 grams. | A second-degree felony, escalated to a first-degree felony if the offense is purportedly committed near a school or involves a juvenile. | Compulsory prison sentence. | |
| More than 27 grams but less than 100 grams. | A first-degree felony. | Required imprisonment. | |
| 100 grams or above | A felony of the first degree. | Compulsory maximum prison sentence. | |
| Lysergic acid diethylamide (LSD) | Less than 10 solid unit doses or less than 1 gram in liquid form. | A fifth-degree felony, elevated to a fourth-degree felony if the offense is purportedly committed near a school or involves a juvenile. | According to Pennsylvania Revised Code § 2929.13(B), but Pennsylvania Revised Code § 2929.13(C) applies if the offense is purportedly committed near a school or involves a juvenile. |
| Greater than 10 unit doses yet fewer than 50 unit doses in solid form, or more than 1 gram but under 5 grams in liquid state. | A fourth-degree felony, upgraded to a third-degree felony if the offense is purportedly committed near a school or involves a juvenile. | Under Pennsylvania Revised Code § 2929.13(B), but with a presumption for a prison term if the offense is allegedly committed near a school or involving a juvenile. | |
| More than 50 unit doses yet fewer than 250 unit doses in a solid state, or more than 5 grams but less than 25 grams in liquid form. | A third-degree felony, elevated to a second-degree felony if the offense is purportedly committed near a school or involves a juvenile. | Presumption for a prison term, but a mandatory prison term applies if the alleged offender has two or more prior felony drug abuse convictions, or if the alleged offense was committed near a school or involved a juvenile. | |
| More than 250 unit doses yet fewer than 1,000, or more than 25 grams but less than 100 grams in liquid form. | A second-degree felony, escalated to a first-degree felony if the offense is purportedly committed near a school or involves a juvenile. | Compulsory incarceration. | |
| Between 1,000 and 5,000 unit doses in a solid state, or between 100 and 500 grams in liquid form. | A felony of the first degree. | Compulsory incarceration. | |
| Physical state containing 5,000 or more unit doses, or liquid form containing 500 grams or more. | A first-degree felony. | Obligatory imprisonment. | |
| Heroin | Fewer than 10 unit doses or less than 1 gram. | A felony of the fifth degree. | Under Pennsylvania Revised Code § 2929.13(B), but Pennsylvania Revised Code § 2929.13(C) applies if the offense is allegedly committed near a school or involves a juvenile. |
| Between 10 and 50 unit doses, or between 1 and 5 grams. | A felony of the fourth degree. | Under Pennsylvania Revised Code § 2929.13(B), but with a presumption for a prison term if the offense is allegedly committed near a school or involving a juvenile. | |
| Fifty or more unit doses but fewer than one hundred, or five grams or more but less than ten grams. | A felony of the third degree. | Prison term presumption. | |
| One hundred or more unit doses but fewer than five hundred, or ten grams or more but less than fifty grams. | A felony of the second degree. | Compulsory incarceration. | |
| Five hundred or more unit doses but fewer than one thousand, or fifty grams or more but less than one hundred grams. | A first-degree felony. | Compulsory maximum prison sentence. | |
| One thousand or more unit doses, or one hundred grams or more. | A first-degree felony. | Compulsory maximum incarceration period. | |
| Hashish | Physical state containing fewer than 10 grams or liquid form containing less than 2 grams. | A felony of the fifth degree, elevated to a fourth-degree felony if the offense is purportedly committed near a school or involves a juvenile. | Section B of Pennsylvania Revised Code 2929.13 |
| Between 10 grams and 50 grams in physical state, or between 2 grams and 10 grams in liquid form. | A fourth-degree felony, elevated to a third-degree felony if the offense is allegedly committed near a school or involves a juvenile. | If the offense is purportedly committed near a school or in proximity to a juvenile, Pennsylvania Revised Code § 2929.13(C) applies, whereas Pennsylvania Revised Code § 2929.13(B) applies otherwise. | |
| Fifty grams or more but less than 250 grams in solid form, or ten grams or more but less than fifty grams in liquid form. | A third-degree felony, heightened to a second-degree felony if the offense is allegedly committed near a school or involves a juvenile. | Pennsylvania Revised Code § 2929.13(C) establishes a presumption for a prison term if the offense is purportedly committed near a school or in proximity to a juvenile. | |
| Two hundred fifty grams or more but less than one thousand grams in solid form, or fifty grams or more but less than 200 grams in liquid form. | A second-degree felony, elevated to a first-degree felony if the offense is allegedly committed near a school or involves a juvenile. | Assumption of a prison sentence. | |
| One thousand grams or more but under 2,000 grams in solid form, or 200 grams or greater but less than 400 grams in liquid form. | A second-degree felony, escalated to a first-degree felony if the offense is allegedly committed near a school or involves a juvenile. | Compulsory incarceration period ranging from five to eight years, with the maximum term enforced if the offense is purportedly committed near a school or in proximity to a juvenile. | |
| Two thousand grams or more in solid form, or four hundred grams or more in liquid form. | A fifth-degree felony, elevated to a fourth-degree felony if the offense is allegedly committed near a school or involves a juvenile. | Compulsory maximum incarceration period. | |
| Controlled substance analog (synthetic drugs) | Synthetic drug analogs: Less than 10 grams. | A fourth-degree felony, escalated to a third-degree felony if the offense is allegedly committed near a school or involves a juvenile. | Section C of the Pennsylvania Revised Code 2929.13 |
| Between 10 and 20 grams. | A third-degree felony, elevated to a second-degree felony if the offense is allegedly committed near a school or involves a juvenile. | Pennsylvania Revised Code § 2929.13(B), with an assumption of a prison sentence if the offense is purportedly committed near a school or in proximity to a juvenile. | |
| Between 20 and 30 grams. | A third-degree felony, heightened to a second-degree felony if the offense is allegedly committed near a school or involves a juvenile. | Inclination towards a prison sentence. | |
| Between 30 and 40 grams. | A third-degree felony, upgraded to a second-degree felony if the offense is allegedly committed near a school or involves a juvenile. | Compulsory incarceration period. | |
| Between 40 and 50 grams. | A second-degree felony, heightened to a first-degree felony if the offense is allegedly committed near a school or involves a juvenile. | Obligatory imprisonment period. | |
| Fifty grams or more. | A felony of the first degree. | Compulsory maximum incarceration period. |
A qualified Mercer criminal lawyer can provide more detailed information.
Understanding Possession with Intent to Distribute in Pennsylvania
While simply possessing drugs is a serious crime in Pennsylvania, the situation becomes much more severe if there is evidence indicating an intent to distribute. According to Pennsylvania Revised Code Section 2925.03, you can be charged with this offense if you:
- Attempt to sell or actually sell a controlled substance or its analog.
- Engage in preparing, shipping, transporting, delivering, or distributing controlled substances, while knowing or having reason to believe they are intended for sale.
Law enforcement officers often look for indicators at the scene, like large quantities of drugs, packaging materials, or drug-related paraphernalia, which could suggest an intent to distribute. It’s important to understand that an actual sale does not need to have taken place; the prosecution only needs to prove the intent to sell or distribute. A proficient Mercer DUI lawyer can challenge the evidence presented.
Penalties for Marijuana Possession with Intent to Distribute in Pennsylvania
Although marijuana has been legalized in many states, Pennsylvania continues to impose penalties for possessing it with the intent to distribute, regardless of the amount. A Mercer criminal lawyer can explain these charges.
- Under 200 grams: Classified as a Fifth-Degree Felony, which may result in up to 12 months in prison and/or fines up to $2,500.
- 200 to under 1,000 grams: This is a Fourth-Degree Felony and can lead to a potential 18 months in prison and/or fines up to $5,000.
- 1,000 to under 5,000 grams: A Third-Degree Felony with penalties including a maximum of 60 months of incarceration and/or fines up to $10,000.
- 5,000 to under 20,000 grams: Also a Third-Degree Felony, punishable by up to 60 months in prison and/or fines as high as $15,000.
- 20,000 to under 40,000 grams: A Second-Degree Felony carrying stiffer penalties of up to 8 years behind bars and/or fines up to $20,000.
- 40,000 grams or more: Results in a Second-Degree Felony with maximum prison terms.
Having a skilled Mercer DUI lawyer on your side is essential.
Consequences for Intending to Sell in Mercer
Sentences can vary widely depending on the type and classification of the trafficking offense. A top Mercer criminal lawyer will fight for the best possible outcome.
- Fifth-Degree Felony: Can lead to 12 months in prison and/or fines up to $2,500.
- Fourth-Degree Felony: Potential for 18 months in jail and/or fines up to $5,000.
- Third-Degree Felony: Consequences can rise to 60 months in prison and/or fines of $10,000.
- Second-Degree Felony: Possibility of 8 years in prison and/or fines reaching $15,000.
- First-Degree Felony: The most severe category, with up to 11 years in prison and/or fines of $20,000.
Those convicted of intending to distribute or sell illegal drugs may also have their driver’s license suspended for six months. A qualified Mercer DUI lawyer can help navigate these complexities.
Secure Legal Representation for Drug Distribution Charges in Mercer, PA
When facing accusations of possessing illegal substances with the intent to distribute in the Mercer area of Pennsylvania, it is crucial to exercise your right to remain silent until you have spoken with a Mercer criminal lawyer. The Logue Law Group is committed to providing a strong defense for individuals throughout Mercer County.
Sean Logue, a defense attorney in Mercer, PA, specializes in criminal law. His focused approach involves working diligently to get your charges reduced or dismissed entirely. Contact him at 412.389.0805, or fill out our online form for a comprehensive case assessment at no cost. An expert Mercer DUI lawyer is ready to help.
Navigating Drug Possession with Intent Charges
- Assert Your Rights: After an arrest, remain silent to protect your case until you can get legal advice from a defense Mercer criminal lawyer.
- Local Defense Expertise: Get representation from a team that is skilled in the legal landscape of Mercer County.
- Professional Advocacy: Sean Logue, a dedicated Mercer criminal lawyer, is committed to fervently challenging your allegations.
- Focused Outcomes: With a strategic legal defense, the goal is to mitigate or resolve your legal issues.
- Free Consultation: Contact us for a free, in-depth discussion of your case with a leading Mercer DUI lawyer.
Starting a conversation promptly with a Mercer defense attorney can significantly affect the outcome of your case. With Sean Logue’s help, you can leverage the power of a sharp, local legal advocate. For a detailed analysis without any upfront financial commitment, call 412.389.0805 or reach out to us through our online contact form to connect with a top Mercer criminal lawyer.