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Wilmington Drug Crime Defense Lawyer

Simply possessing certain substances in certain amounts can get you charged with drug dealing, without the prosecution having to prove any actual intent to deal as an element of the crime. Drug dealing is a felony offense that is aggressively investigated and prosecuted. Make sure you get the help you need by contacting an experienced Wilmington drug crime defense lawyer immediately after your arrest.

I am attorney Michael Modica, and I put 30 years of legal experience with the Delaware criminal court system to work advocating strongly and effectively for my clients charged with dealing or other drug offenses in Wilmington and New Castle County. Let me put my skills and experience to work for you and help you avoid the harsh penalties of a Delaware drug dealing conviction.

Aggravated Possession is the Same as Drug Dealing

Delaware drug dealing statutes make it a felony to manufacture, deliver or possess with the intent to manufacture or deliver a controlled substance. A drug dealing offense can be charged as either a Class B, C or D felony depending upon the quantity of drugs involved and the presence of any aggravating factors. Drug quantities are listed in different tiers from 1(least) to 5 (most).

To be charged with drug dealing based solely on possession, the prosecution would have to prove intent to deliver. However, the statutes outlawing drug dealing also include the offense of aggravated possession, and the penalties for aggravated possession are the same as for dealing. A conviction for aggravated possession does not require proof of any intent to distribute, but only possession of a certain quantity of drugs along with one or more aggravating factors. See my page on drug possession for more information about aggravating factors in a drug offense prosecution.

Drug dealing and aggravated possession in Delaware are defined as follows:

Class B felony (2 to 25 years in prison)

  • Manufacture, delivery, possession with intent of a tier 4 quantity
  • Manufacture, delivery, possession with intent of a tier 2 quantity with an aggravating factor
  • Possession of a tier 5 quantity of drugs
  • Possession of a tier 3 quantity with an aggravating factor
  • Possession of a tier 2 quantity with two aggravating factors

Class C felony (up to 15 years in prison)

  • Manufacture, delivery, possession with intent of a tier 2 quantity
  • Manufacture, delivery, possession with intent of a controlled substance plus an aggravating factor
  • Possession of a tier 4 quantity of drugs
  • Possession of a tier 2 quantity with an aggravating factor
  • Possession of tier 1 quantity with two aggravating factors

Class D felony (up to 8 years in prison)

  • Manufacture, delivery, possession with intent controlled substance
  • Possession of a controlled substance in tier 3 quantity
  • Possession of a controlled substance in tier 1 quantity plus aggravating factor

Any drug dealing offense involving a Schedule I or II controlled substance in a Tier I quantity or greater that causes the death of the end user can be charged as a class B felony.

Get the Help You Need from an Experienced Wilmington Drug Crime Defense Lawyer

I am a former criminal prosecutor who has been defending people charged with drug dealing, aggravated possession and other drug offenses in New Castle County for over 30 years. Call the law office of Michael W. Modica in Wilmington at 302-600-1262. Our phones are answered any time, and I offer a free initial consultation to let you know how a Wilmington drug crime defense lawyer may be able to help you.

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