At Baker Associates, we have experience working with individuals who have been charged with dealing drugs in Knoxville, Sevierville and surrounding areas. Our experience includes representing clients who have been charged with the sale or delivery of controlled substances. We also have the experience and knowledge necessary to help you understand the complex legal issues that surround these types of cases. In fact, we will fully investigate the particular circumstances of your case and fight aggressively to achieve the most favorable outcome to these charges.
Under T.C.A. Â§ 39-17-417, it is an offense for a person to knowingly deliver or sell a controlled substance. An accusation of knowingly delivering or selling requires the state to prove beyond a reasonable doubt that the person knew he or she was delivering or selling a controlled substance. However, the defendant cannot successfully assert that he or she did not know that the drugs were prohibited by law. It is sufficient that the defendant knew that he or she was delivering or selling a substance that so happened to be controlled. In all jurisdictions, citizens are charged with knowing the laws.
To "sell" or "sale" a controlled substance in the state of Tennessee means a bargained-for offer and acceptance and an actual or constructive transfer or delivery of the substance. To "deliver" or "delivery," on the other hand, means the actual, constructive or attempted transfer from one person to another of a controlled substance. Under the law, jurors are permitted to infer intent to sell or deliver drugs from the facts and circumstances of the case along with the amount of controlled substance found in the defendant's possession. Thus, a person with less than a half-ounce of marijuana in his pocketâ€”absent other circumstancesâ€”will likely be charged with possession and not intent to sell or deliver.
Moreover, to be convicted of the crime, the substance in the defendant's possession must be a "controlled substance," which means a drug, substance, or immediate precursor to a drug or substance listed and described in Schedules I through VIII of T.C.A. Â§Â§ 39-17-403 through 39-17-416.
Penalties for delivering or selling a controlled substance varies depending on the schedule in which the drug being delivered or sold is listed and the amount/weight of the controlled substance in the defendant's possession. Cocaine, for example, is listed as a Schedule II substance. Ordinarily, a drug offense involving a Schedule II controlled substance is classified as a Class C felony, which carries a potential jail sentence between 3 and 15 years and a fine of no more than $100,000. However, cocaine is given a special exception under the code. If the amount of cocaine in the defendant's possession was greater than .5 grams, then the crime is elevated to a Class B felony, which carries a longer prison sentence. Moreover, the law also provides specific penalties for larger amounts of drugs found in the possession of the defendant. Using the cocaine example, 26 grams of cocaine or more results in a $200,000 fine and a Class B felony conviction, while possessing over 300 grams or more of cocaine results in a $500,000 fine and a Class A felony conviction.
While many factors must be taken into consideration when one is charged with a drug offense, such as quantity and whether there was intent to sell or deliver, much of the success of the outcome weighs heavily on the skill of the defense team. At the law offices of Baker Associates, we have worked hard to develop a good reputation within the law enforcement and legal communities. Our drug crime attorneys are known for being professionals with high standards and strong determination.
If you have been charged with selling, delivering or manufacturing drugs, or any other drug offense, the attorneys at Baker Associates, serving Sevierville and Knoxville areas, will diligently protect your rights.
Complete the form below if you have been charged with drug possesion. An attorney at our office will contact you soon.
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2126 First Tennessee Plaza
800 South Gay Street
Knoxville, Tennessee 37929
121 Court Avenue
Sevierville, Tennessee 37862
300 East Main Street
Johnson City, Tennessee 37601
Tennessee Drug Manufacturing Defense Attorney Disclaimer: The drug dealing, selling drugs, criminal defense, or other legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth here were dependent on the facts of that case and the results will differ from case to case. Please contact a drug crime lawyer or criminal attorney at our law firm. This web site is not intended to solicit clients for matters outside of the State of Tennessee.
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