Drug Distribution

Highly Experienced Criminal Defense Lawyer Aggressively Representing Clients Charged with the Unlawful Distribution of Controlled Substances

Charges related to selling drugs are incredibly serious and often result in lengthy prison sentences. Not only that but if you’re convicted of drug distribution in Birmingham, it may be difficult to get a job or pursue your education. It can also mean that you are ineligible to own a firearm under federal law. However, an arrest and a conviction are very different things and a skilled Birmingham drug distribution attorney at the Stoves Law Firm, P.C. can ensure that every is done to avoid a guilty verdict.

Attorney Jason Stoves is a veteran criminal defense attorney serving the greater Birmingham area, including Tuscaloosa and Huntsville. At the Stoves Law Firm, P.C., we take a comprehensive approach to each drug case we handle, scouring all the available evidence to compose a strategic defense designed to minimize the impact of your arrest on the rest of your life. 

Alabama Drug Distribution Crimes

Alabama Code § 13A-12-211 provides for two types of drug distribution charges, and although the offenses are punished identically, it’s important to understand the difference.

Unlawful Distribution of Controlled Substances

Unlawful distribution is a crime that punishes anyone who “furnishes, gives away, delivers, or distributes” a controlled substance. Although this crime is straightforward, it is important to note that there is no requirement that you received money for the drugs. In other words, it’s still a violation to give drugs away to your friends for free. Additionally, the prosecution doesn’t need to present actual evidence that you sold drugs. For example, the prosecutor will not need to call the alleged buyer to the stand to testify. Instead, they may call a police officer to testify to their observations or rely on circumstantial evidence that a sale occurred.  

Unlawful Possession with Intent to Distribute a Controlled Substance

Possession with the intent to distribute is a newer crime, added to the Alabama Code in 2012. This offense creates an irrebuttable presumption that you possessed narcotics with the intent to sell them if you possessed more than the listed threshold amount listed below:

• Cocaine or Mixtures Containing Cocaine: Between 8 grams and 28 grams.
• Heroin or Mixtures Containing Fentanyl: Between 2 grams and 4 grams.
• Fentanyl or Fentanyl analogues: Between .5 gram and 1 gram.
• MDMA or Ecstasy: Between 8 grams and 28 grams.
• Amphetamine: Between 8 grams and 28 grams.
• Methamphetamine: Between 8 grams and 28 grams.

Punishments for Drug Distribution Crimes in Alabama

Alabama has incredibly strict drug sentencing laws. Both unlawful distribution of controlled substances and unlawful possession with intent to distribute a controlled substance are classified as Class B felonies. Under Alabama Code § 13A-5-6, a Class B felony carries a term of imprisonment between two to 12 years, as well as a fine of up to $30,000. However, if you used a firearm or another deadly weapon during the commission of a drug crime, you’ll face a minimum of 10 years imprisonment for the drug crime (in addition to any punishment for the firearms offense).

When Drug Distribution Becomes Drug Trafficking

Drug distribution offenses occupy the middle ground between drug possession and drug trafficking. Thus, if you possess less than the lower amount listed above, you may be charged with drug possession. However, if you possess more than the upper threshold amount, you could face drug trafficking. Drug trafficking is an incredibly serious offense that carries the possibility of life imprisonment.

Have You Been Charged with a Felony Drug Crime?

If you were recently arrested for a felony drug crime, it is imperative that you immediately reach out to a Birmingham drug distribution lawyer for assistance. At the Stoves Law Firm, P.C., Attorney Jason Stoves has more than 25 years of experience aggressively defending the rights and freedoms of clients charged with unlawful distribution and possession with the intent to distribute. We are immediately available to meet with you to discuss your case and what we can do to help you put your case behind you. To learn more, and to schedule a free consultation today, call the Stoves Law Firm, P.C. at (205) 823-7233, or you can connect with us through our secure online contact form.