Salt Lake Criminal Defense Attorney Utah
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Veteran Criminal Defense Attorney / Former Prosecutor
Call 801-449-1409. We'll fight to protect your rights.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Contact Us

Utah Criminal Attorney - Possession with the Intent to Distribute

The Utah criminal code punishes the crime of possession with the intent to distribute a controlled substance at the same level as a charge of actual drug distribution. Both crimes can begin a the second degree felony level, with the potential for enhancements increasing the charge to a first degree felony. Based in Salt Lake City, Stephen Howard is a criminal defense lawyer with extensive experience defending drug crimes in Utah. If you are facing drug charges in Utah, contact us today for an initial consultation.

Possession of a Controlled Substance with the Intent to Distribute

Utah Criminal Defense Attorney - Salt Lake Drug DistributionA Utah criminal charge of possession of a controlled substance with the intent to distribute does not require proof of actual distribution. Instead, if a prosecutor is only required to present evidence that the person was in possession of a controlled substance and had the intent to distribute that substance.

The definition of "distribute" is very broad under Utah criminal law. It applies beyond the stereotypical "dealer," and includes anyone who shares, gives, or otherwise provides drugs to another person.

Possession with the intent to distribute is punishable at the same level as actual drug distribution. This means that a simple possession charge for methamphetamine, cocaine, heroin, or other common "street" drugs becomes a second degree felony, punishable by up to a maximum of 15 years in prison. Possession of less than one ounce of marijuana, normally a class B misdemeanor, becomes a third degree felony punishable by up to five years in prison.

Evidence police and prosecutors consider in determining whether to charge possession with the "intent to distribute" in a Utah drug case include the presence of paraphernalia used to weigh or package drugs (scales, balloons, baggies, etc.), records indicating past sales, statements by the suspect or other people indicating an intent to sell, give, or otherwise distribute drugs.

Possession with the intent to distribute is a crime that is also subject to enhancements under Utah's drug free zone statute. Under this statute, a charge that would normally be a second degree felony (1-15 years prison) can become a first degree felony punishable by up to life in prison. Possession of marijuana with the intent to distribute jumps from a third degree felony (0-5 years prison) to a second degree felony (1-15 years prison).

Finding a Utah Criminal Lawyer in Salt Lake City

Based in Salt Lake City, criminal defense lawyer Stephen Howard offers legal services to clients throughout all of Utah.  If you are facing criminal drug charges for possession with the intent to distribute, contact Stephen Howard now to learn how an experienced Utah criminal attorney can help you.


Best Rating
Make a Payment to Your Account
Get Help Now
** All fields are required. **
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense Trial AttorneyNot Guilty - Client was charged with aggravated assault for allegedly pointing handgun at and threatening another driver during a road rage incident. Defense investigation and analysis, combined with effective cross-examination at trial indicated the alleged victim was the initial aggressor and suported client's self-defense claim. Jury acquitted client at trial.
  • Criminal Appeals Defense AttorneyDismissed on Appeal - DUI case was dismissed after a successful appeal where the Utah Court of Appeals reversed the trial court's denial of the defense motion to suppress. Without the suppressed evidence, the prosecutor acknowledged that they did not have sufficient evidence to proceed to trial and the case was dismissed.
  • Utah Expungement Attorney Salt Lake Davis Expunged - Client with prior conviction for violent felony was ineligible for expungement through the courts. A successful 2-step reduction restored expungement eligibility and ultimately led to the court's decision to grant the requested expungement.
  • Violent Crimes Assalt Defense UtahDismissed at Preliminary Hearing - Client charged with aggravated robbery and facing life in prison. Full case analysis and consultation with client allowed the development of a strong defense strategy. Effective cross-examination of the alleged victim at the preliminary hearing resulted in an outright dismissal of all charges by the judge.
  • Recent Posts
  • What to Do When Arrested for DUI What should I do if I am arrested for DUI? - Many DUI cases begin as minor traffic stops. But the consequences of a DUI conviction are much more serious than an ordinary traffic citation. If you are pulled over for a suspected DUI, you have specific important constitutional and statutory rights that can protect your. . . .
  • Utah Statewide Warrant Search How do I find out if I have an outstanding warrant? - If you believe you may have an outstanding arrest warrant in Utah, a criminal defense attorney can access the Utah statewide warrant system and help you find the best. . . .
Best Criminal Defense Strategy

You want the best defense. Agressive is good. But results ultimately are what really matter. Creating an effective strategy for defending against criminal prosecution requires a thorough understanding of statutes, case law, and evidentiary and procedural rules. A successful outcome is more likely when....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

With decades of combined experience, our criminal defense team attorneys have the knowledge, skill, and determination to help you achieve the results you need. Facing criminal prosecution in Utah can have serious consequences. Choosing the best attorney to defend your case may be one of the most important decisions you will ever make....

Experience »
Conviction Consequences in Utah Criminal Prosecutions

Jail time, prison time, thousands of dollars in fines, and the lifetime collateral consequences of having a criminal conviction on your record - all of these and more are at stake when you are facing criminal prosecution in Utah. Understanding what is at risk is critical. Even so-called "minor" misdemeanor cases can have serious consequences....

Consequences »
Criminal Defense Attorney in Utah - Reasons to Hope

Clients sometimes ask what the "worst case scenario" is for their charges. We prefer to take a more positive approach. Facing criminal prosecution in Utah can have serious consequences. But you can take steps and make choices right now that will improve your chances of a positive outcome. Let us help you....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
340 East 400 South, Suite 25, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.