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What ‘Intent to Deliver’ Really Means Under Texas Law
John D.
In Texas, a basic drug possession charge escalates substantially if the police or prosecutors develop evidence or believe you had the intent to deliver the drugs. This does not just mean selling drugs off a corner. You can still face this charge regardless of whether you have never delivered anything to anyone.
Texas drug laws are strict and harsh. If the evidence suggests you intended to deliver, distribute, or give drugs to others, you can face serious consequences. And while you may think it was only a misunderstanding, the law considers intent as much as actual action.
What Does ‘Intent to Deliver’ Mean?
The term “intent to deliver” appears in Texas drug statutes when a person possesses drugs and is suspected of having the intent to deliver to someone else. This doesn’t mean cash has to be exchanged in hand. Whether a friend was simply receiving drugs or you intended to pass them to a friend, you can still be charged under the Texas Controlled Substances Act.
The law analyzes intent–what you intended to do. If the state proves that when you possessed the drugs, you had more than immediate consumption purposes in mind, and that sale and delivery plans existed in any form, you may be charged with a felony.
How Is ‘Intent’ Proven?
Establishing intent doesn’t occur when the sale is happening.Texas courts will allow circumstantial evidence when direct evidence is lacking. Officers and prosecutors will analyze the circumstances around the case to argue that you intended to distribute drugs.
Here are the common categories of evidence that could be introduced to prove intent:
- Amount: A small amount can be easily interpreted as personal use, while a large amount raises suspicion. If you possess more than a user would typically carry, the police may assume you are distributing.
- Distribution Equipment: If packaging supplies like baggies, containers, or a scale are present, it can imply that you planned to separate the drugs and distribute them.
- Cash: A large quantity of cash can imply different payments for the delivery of drugs. Especially if the cash is in small bills, this is a common indication of drug sales.
- Firearms: If firearms or other weapons are present, this can strengthen an argument of intent to distribute.
- Text Messages: Your phone can enter the courtroom with you as evidence against you. Even if no delivery of drugs occurred, the police could look at your text messages or other conversations and see them as transactions, which would be particularly damaging to your case.
The law doesn’t require all these things to be present. Even just one or two could be enough to build a case against you.
Examples of Intent to Deliver Situations
Imagine being stopped for a traffic violation. After smelling marijuana, the officer requests to examine the vehicle. They discover seven hundred dollars in cash, a digital scale, and multiple tiny baggies full of marijuana inside the glove box. They can conclude that you probably intended to sell based on that.
Or perhaps a noise complaint prompts a police search of your unit. They discover a loaded revolver, dozens of prescription-free drugs, and a notebook filled with names and numbers. You could still be charged with intent to deliver even if no sale was made.
Sometimes, you might not even be aware that those drugs were there. However, the state may contend that you had control over them and meant to do so if they are discovered in your house, vehicle, or backpack and intended to be distributed.
Penalties for Intent to Deliver in Texas
Texas uses Penalty Groups to classify drug offenses. Each group has its own set of substances, like cocaine, meth, heroin, or even prescription drugs. The amount of that substance you have with you also greatly impacts the punishment.
The typical breakdown of the fines goes like this:
- State Jail Felony:State Jail Felony: Penalty Group 1 Substance: Less than a gram: fine up to $10,000; jail time from 180 days to 2 years.
- Second Degree Felony: 1-4 grams: Punishable by jail time of 2 to 20 years and a $10,000 fine.
- First-degree Felony: 4-200 grams. You could face 5-99 years in jail or even life imprisonment, with a possible $10,000 fine.
Simply put, even a small amount can ruin your future if your intentions are to distribute.
Defending Against Intent to Deliver Charges
Facing charges doesn’t mean you are guilty. Through competent defense, it may be possible to drop the charges or get discharged completely.
Some common defense types include:
- No Intent to Deliver: The intent here is to allege that the drugs were for the person’s own use rather than anyone else’s. A lack of packaging, a lack of sales collection, or a lack of communication with buyers can help support this claim.
- Illegal Search: If the police did not have a warrant or ample legal reason to search you or your property, your lawyer can request that the court suppress evidence. Suppressed evidence may actually weaken or destroy the case.
- No Knowledge of Unlawful Substance: If someone left drugs in your vehicle or your home, without your knowledge, it is a full defense.
- No Possession: Just because drugs are found on or near you, it does not mean those drugs belong to you. The state is required to prove that you had control of those drugs.
Whether your arrest will warrant a successful defense depends on the facts of your arrest. For this reason, you should never try to defend those charges yourself.
What to Do If You’re Charged
If you’re charged with intent to deliver, stay calm and don’t talk to the police. Use your right to remain silent and ask for a lawyer immediately. Avoid posting online and don’t try to explain yourself. Let your attorney take over all communication, collect evidence, and organize the defense for you.Quick legal help can protect your future.
How a Lawyer Can Help?
A defense attorney understands how to poke holes in the state’s case. Here are ways they can:
- Review how the drugs were found and challenge whether the search was lawful.
- Review the evidence and contend that it cannot support intent to deliver.
- Negotiate for lower charges or dismissal when a case is weak.
- Defend you in court if your case goes to trial.
You don’t have to go through it alone. Having the right lawyer can make a world of difference.
Conclusion
Intent to deliver charges in Texas are serious and can last a lifetime. Even if you did not intend to sell drugs, the evidence may show the opposite. You may avoid pending complications by knowing your rights, remaining silent, and securing legal representation early.
Protecting yourself and your future is paramount. Facing a charge with intent to deliver? Contact L&L Law Group. Here, the Texas attorneys are prepared to advocate for you. We will fight for your freedom and help you the entire way. Call us now to schedule your free consultation.