Possession With the Intent to Distribute or Deliver Heroin Penalties
If you are arrested with a large amount of heroin in your possession, you may be charged with possession with intent to sell or deliver (PWISD) the heroin. This is a Class H felony with a prison sentence of 4 to 25 months.
You could be charged with a Class F felony if there is evidence that you sold the heroin. If convicted, you would be sentenced to between 8 and 31 months in prison.
Trafficking in Heroin Penalties
You can be charged with trafficking in heroin if you sell, manufacture, distribute, transport, or possess four grams or more of heroin. The penalties are much harsher than for possession or PWISD offenses and include a mandatory prison sentence. It is important to realize that you can be charged with this serious crime for the mere possession of four grams or more of heroin with no evidence that you were selling, manufacturing, or distributing the drugs.
Trafficking in heroin is a felony, but the classification will depend on the quantity of heroin you possessed. For a first offense, you could be sentenced as follows:
- Level One. You could be charged with a Class F felony if you possessed between 4 and 14 grams of heroin. The punishment if convicted would be a prison sentence of between 70 and 93 months in prison and a fine of $50,000.
- Level Two. Possession of between 14 and 28 grams of heroin is a Class E felony. You could be sentenced to between 90 and 120 months in prison and $100,000 in fines.
- Level Three. If you were in possession of more than 28 grams of heroin, you would be charged with a Class C felony. The punishment would be 225 to 282 months in prison and a $500,000 fine.
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