Fewer punishments are harsher in Utah than those for heroin possession. These penalties can be even more severe if the state can show you had the intent to distribute the drug.
Because the penalties for heroin possession often include lengthy prison sentences, you should not hesitate to contact our defense team. At our firm, we take a proactive approach to defense, looking for alternative solutions that can help keep your freedom. Utah does now recognize that heroin possession and addiction are critically linked and offers programs to address the underlying problem rather than simply locking them in a cell. We can help determine if you qualify for these programs or develop a solid defense if your case does proceed to trial.
For a free case review, contact our Utah criminal defense attorneys at Overson Law, PLLC by calling (801) 758-2287.
What Penalties Could I Face for a Heroin Possession Conviction in Utah?
The life-altering penalties for heroin possession reflect the seriousness with which Utah treats this substance. Heroin is classified as a Schedule I drug in Utah because of its high potential for abuse and lack of accepted medical use in the United States. Even first-time offenses could be punished with imprisonment. However, our Salt Lake City drug defense attorneys can help you determine the best ways to avoid the harshest penalties. The following are the penalties for first-time and subsequent heroin possession offenses:
Penalties for First-Time Offenses
Possession of heroin is a serious offense and can lead to felony charges. The degree of felony charged depends on the quantity of the drug found in the person’s possession. According to Utah Code § 58-37-8(1), charges for heroin possession can range from a third-degree felony to a first-degree felony for larger quantities or if certain aggravating factors are present.
A conviction for a third-degree felony, which usually applies to smaller, personal-use amounts of heroin, can result in imprisonment for up to five years and a fine of up to $5,000.
Enhanced Penalties for Subsequent Offenses
Subsequent offenses for heroin possession carry enhanced penalties, reflecting the increased severity of repeat offenses. For individuals with prior drug convictions, the penalties become progressively harsher, potentially escalating to second-degree or even first-degree felony charges depending on the circumstances surrounding the possession, such as the quantity of heroin involved and any evidence of intent to distribute.
A second-degree felony charge for heroin possession can lead to imprisonment for up to 15 years and fines of up to $10,000. For first-degree felony convictions, the penalties can be world-shattering. As per Utah Code § 58-37-8(1)(d), first-degree heroin possession is punishable by 15 years to life in prison.
What Are the Penalties for Heroin Possession with a Firearm in Utah?
The penalties for heroin possession in Utah are already stringent, but the presence of a firearm during the offense introduces additional mandatory enhancements that significantly impact sentencing in the case. According to Utah Code § 58-37-8(1)(c), the court can sentence an individual to a term of one year to run consecutively with their original sentence for the mere presence of a firearm during the offense.
Moreover, the court has the discretion to impose an indeterminate term of up to five years. This sentence is also set to run consecutively, depending on the specifics of the case, such as whether the firearm was brandished or discharged.
Further, the introduction of a firearm into a drug offense can lead to mandatory minimum sentences under federal law. These sentences are designed to run consecutively, not concurrently, with any other sentences imposed for the underlying offense.
In practical terms, this means an individual could face a mandatory additional imprisonment for the firearm charge, separate from and in addition to the penalty for heroin possession. The defendant will also likely face prosecution from both the state and federal governments.
Are There Enhanced Penalties for Possession of Heroin in a Drug-Free Zone in Utah?
Drug-free zones in Utah aim to create a buffer around sensitive areas where children and the general public are present. As such, the penalties for heroin possession are significantly increased when they occur within these zones.
Utah Code § 58-37-8(4) details what constitutes a drug-free zone and specifies the additional penalties imposed for drug offenses committed within these areas. For example, offenses that might otherwise be classified as third or second-degree felonies can escalate to first-degree felonies, carrying with them the possibility of decades longer in prison, substantial fines, and a lasting criminal record.
What Does the State Need to Show to Prove the Intent to Distribute Heroin in Utah?
To convict an individual of possessing heroin with the intent to distribute, the state must demonstrate beyond a reasonable doubt that the accused not only possessed the drug but did so with the intention of distributing it to others. Proving intent to distribute typically involves a combination of direct and circumstantial evidence. Unlike simple possession, where the presence of the drug on a person or their property might suffice for a conviction, intent to distribute requires additional proof.
For instance, one of the primary indicators of intent to distribute is the amount of heroin found. Possession of quantities exceeding personal use levels can suggest distribution intentions. Further, the manner in which the heroin is packaged can also serve as evidence. Drugs divided into smaller, individually wrapped packages imply readiness for sale.
Also, evidence of paraphernalia can be used to bolster the above evidence. Items associated with drug distribution, such as scales, baggies, and large sums of cash, particularly in small denominations, can indicate an intent to distribute. Communications like text messages, emails, or recorded conversations discussing drug sales can directly link an individual to distribution activities.
Lastly, it is not uncommon in this day and age for law enforcement to use surveillance footage or witness testimony to establish an individual’s involvement in heroin distribution activities.
Can Utah’s Drug Courts Be Used as an Alternative to Punishment in Heroin Possession Cases?
For individuals charged with heroin possession, Utah’s drug courts can offer an alternative pathway that focuses on rehabilitation rather than punishment. In this situation, eligible participants agree to enter long-term drug treatment under court supervision, adhering to a rigorous program that includes regular court appearances, drug testing, and participation in treatment and recovery services.
This approach not only addresses the participant’s substance use disorder and the overall impact of the opioid epidemic in the state but also improves their overall well-being through education, employment assistance, and mental health support. In fact, successful completion of the program can lead to reduced charges or dismissal of charges, providing a clean slate and a second chance at life.
Our Heroin Possession Defense Attorneys Are Ready to Fight for Your Rights
Call Overson Law, PLLC at (801) 758-2287 for a free case evaluation with our North Salt Lake drug defense lawyers.
