Intent to Distribute Heroin: Charges and Defense

Heroin is a highly addictive drug made from morphine, which is derived from the seedpod of a particular type of poppy plant.  In its pure form, heroin is a bitter tasting white, light pink or beige powder.  It can be injected, smoked, snorted, or taken by mouth to cause euphoric feelings.  Heroin is an extremely dangerous drug, because it is hard to determine how pure the substance is and death from overdose is very possible.  Conviction of heroin distribution or trafficking has severe legal ramifications and warrants lengthy prison sentences and hefty fines.

“Street” Names for Heroin

As with most drugs, heroin is not always referred to by its actual name and may be spoken of with slang terms.  Heroin is commonly known on the streets by names like:

• Big H
• China White
• Mexican brown
• Smack
• Horse
• Dope

Laws Regarding Heroin and Trafficking

Both federal law and state laws prohibit the trafficking and distribution of heroin.  These laws refer to the distribution of heroin as "an offense under federal, state, or local law that prohibits the manufacture, import, export, distribution, or dispensing of a controlled substance (or a counterfeit substance) or the possession of a controlled substance (or a counterfeit substance) with intent to manufacture, import, export, distribute, or dispense."  The distribution of heroin, in even the smallest amount, is illegal.

Federal and State Penalties for Manufacturing or Distributing Heroin

Possession of heroin in manufacturing or with the intent to distribute carries much harsher penalties then simple possession for personal use.  Laws vary by state, but the state specific laws can be even stricter than the federal laws.  Here is a list of offenses and penalties associated with conviction:

Federal penalties for sale or manufacturing of heroin:

1. First time offense - maximum of 15 yrs. in prison and $25,000 fine.
2. Second time offense - 30 yrs. in prison and $50,000 fine.

State penalties for heroin sale or distribution:

• Up to life in prison, but usually between 10-15 yrs. and $100,000.

Getting Legal Help

If you have been charged with distribution of heroin, then it is vital to your situation that you contact a knowledgeable criminal defense attorney immediately to discuss your case.  The attorney will help formulate a defense and be your representative in court.  If you are innocent of the supposed offense, then an attorney can help ensure that you are acquitted of all charges and that your criminal record is cleared.  If proven guilty, then an attorney will possibly be able to lessen the penalties associated with the crime.