Possession With Intent to Sell or Deliver Heroin

If you have been charged with Possession With Intent to Sell or Deliver Heroin, you need the counsel of a knowledgeable and experienced criminal defense lawyer.  A knowledgeable and experienced criminal defense attorney knows what the State must prove and the consequences of a conviction of Possession With Intent to Sell or Deliver Heroin.  David Q. Burgess, who is available for a free consultation at (704) 377-9800, is a knowledgeable and experienced criminal defense lawyer who knows what the State must prove and the consequences of a conviction of Possession With Intent to Sell or Deliver Heroin.

To prove Possession With Intent to Sell or Deliver Heroin, the prosecution must show that the person knowingly possessed with the intent to sell or deliver heroin.

Possession may be either actual or constructive.  Actual possession is where a person has it on his person.  Constructive possession exists where the person does not have it on his person but is aware of its presence and has both the power and intent to control its disposition or use.  More than one person may have the power and intent to control its disposition so that one or persons may have constructive possession of the heroin.

A person’s awareness of the presence of the heroin and his power and intent to control its disposition or use may be shown by circumstantial evidence.  That the heroin was found in close physical proximity to the person is not, by itself, enough to show that the person was aware of its presence or had the power or intent to control its disposition or use.  Instead, there must be additional circumstances to show that the person was aware of its presence or had the power or intent to control its disposition or use.  For example, if the heroin was found in a house or a vehicle and that the person exercised control over the house or the car, that would be an additional circumstance from which it could be shown that he was aware of the presence of the heroin and had the power and intent to control its disposition or use.

Intent is a mental attitude seldom provable by direct evidence; instead, it must ordinarily be proved by circumstances from which it may be inferred.  Whether a person acted with the intent to sell or deliver heroin is determined based on such just and reasonable deductions from the circumstances proven as a reasonably prudent person would ordinarily draw therefrom.  Evidence typically offered to prove intent to sell or deliver includes that the heroin was packaged in individual bags, that there was a scale found in proximity to the heroin, and the amount being more than that which would be for personal use.

Heroin is a Schedule I controlled substance and Possession With Intent to Sell or Deliver Heroin is a Class H felony.

If you’ve been charged with Possession With Intent to Sell or Deliver Heroin, call David Q. Burgess for a free consultation at (704) 377-9800 in Charlotte.