Delivery or manufacture of a controlled substance
If a person has no prior criminal history, the state crime of delivery of a controlled substance (i.e., drug dealing) usually carries a probation sentence, with some jail optional. However, this might change if the defendant is charged with possessing substantial quantities of the drug or engaging in a “commercial drug offense.” If the prosecutor is alleging commercial drug factors or substantial quantities, those allegations would be contained in the indictment. If a person is convicted of a “commercial drug offense,” the presumptive sentence would be prison, regardless of criminal history.
There are a high number of both legal and factual defenses when someone is charged with a “commercial drug offense” or substantial quantities. These defenses won’t apply in every case, but if they do, they can reduce a presumptive prison sentence to a presumptive probation sentence.
However, even when the crime of delivery carries a presumptive sentence of probation, it can still carry a number of other penalties. Aside from a potential driver’s license suspension, the defendant risks being a felon for the rest of his or her life and losing his or her Second Amendment rights. With a conviction for “delivery,” he or she may have a more difficult time obtaining jobs, student loans or housing.