Possession With Intent to Sell in Nevada: What You Need to Know
In Nevada, there’s a big difference between simple drug possession and possession with intent to sell — and the penalties reflect it. If prosecutors believe you planned to sell, distribute, or even share drugs, the charges you face can escalate quickly from probation-eligible to prison-mandatory.
Whether your case is in Douglas County, Washoe County, or anywhere else in Northern Nevada, understanding how these cases are handled — and how prosecutors try to prove “intent” — is key to defending yourself.
How Nevada Defines “Possession With Intent to Sell”
Under Nevada law, you can be charged with possession with intent to sell if prosecutors believe you:
- Had a controlled substance in your possession, and
- Planned to sell, deliver, or distribute it
Here’s the important part: You don’t have to be caught in the act of selling to face this charge. Intent can be based entirely on circumstantial evidence.
What Counts as Evidence of Intent?
Police and prosecutors may try to prove intent to sell by pointing to:
- The amount of drugs in your possession — more than what would typically be for personal use
- Packaging materials, like multiple small baggies or containers
- Large amounts of cash, especially in small bills
- Scales or other measuring devices
- Text messages, call logs, or social media messages suggesting drug transactions
- The presence of weapons alongside the drugs
In other words, the same quantity of drugs could result in vastly different charges depending on how it’s packaged, stored, and what else is found with it.
Penalties for Possession With Intent to Sell in Nevada
Possession with intent to sell is a felony in Nevada, and penalties vary depending on the drug schedule and your prior record.
For Schedule I or II drugs (like heroin, cocaine, or methamphetamine):
- First offense: Category D felony, 1–4 years in prison, fines up to $5,000
- Second offense: Category C felony, 1–5 years in prison, fines up to $10,000
- Third offense: Category B felony, 3–15 years in prison, fines up to $20,000
Lower schedules and marijuana have different penalty ranges, but the consequences are still severe — especially for repeat offenders.
Possible Defenses
An experienced defense attorney can challenge a possession with intent to sell charge in several ways:
- Arguing lack of intent — showing the drugs were for personal use, not for sale
- Challenging the search and seizure — if police violated your rights, the evidence could be suppressed
- Questioning the chain of custody — ensuring the drugs and evidence were handled properly from seizure to trial
- Pointing to insufficient evidence — if the state’s case is built on weak assumptions
In some cases, your lawyer may negotiate a reduction from “intent to sell” down to simple possession, which often carries lighter penalties and may qualify you for probation or a diversion program.
Local Courts, Local Strategies
In Douglas County and Washoe County, possession with intent to sell cases are taken seriously by prosecutors and judges. But the details of your case — and the way it’s presented — matter. Local knowledge of how specific judges handle these charges, what diversion options exist, and how local prosecutors negotiate can make a significant difference in the outcome.
Facing Drug Sale Allegations in Northern Nevada? We Can Help.
At Max Stovall Law, we defend clients accused of drug crimes throughout Northern Nevada — from small-town arrests in Minden to large-scale investigations in Reno. We understand the high stakes and know how to challenge the evidence, protect your rights, and fight for your future.
If you’ve been charged with possession with intent to sell, don’t wait until it’s too late to start building your defense.
Contact us
today for a free consultation — and let’s start protecting your future now.
Divorce changes everything, but few aspects cause as much anxiety as finances. For many couples in Reno, Minden, and across Northern Nevada, the biggest financial question mark is alimony. Whether you anticipate needing support to get back on your feet or are worried about the long-term obligation of paying it, understanding Nevada law is crucial. In Nevada, alimony (legally referred to as spousal support is not guaranteed, and perhaps more importantly, it is not calculated using a simple mathematical formula. It is highly discretionary, meaning the judge has significant power in deciding the outcome. Here is a guide to how spousal support works in Nevada and why having an experienced Northern Nevada family law attorney is essential to protecting your financial future. The Big Question: Is There a Nevada Alimony Calculator? The short answer is no. Unlike child support, which generally follows a strict percentage based on income and the number of children, Nevada law does not provide a calculator or a set percentage for determining spousal support. You cannot simply plug two incomes into a spreadsheet and get a definitive answer. Instead, Nevada judges must make what they call a "just and equitable" award based on the specific circumstances of your marriage. Because there is no formula, the skill of your attorney in presenting your financial reality to the court is often the deciding factor in how much is paid, and for how long. Key Factors Northern Nevada Judges Consider Since there is no calculator, Nevada Revised Statute (NRS) 125.150 provides a list of factors that judges must consider when deciding if alimony should be awarded. If you are facing a divorce in courts ranging from Reno to Carson City, the judge will look at a holistic picture of your marriage, including: 1. The Length of the Marriage This is often the most heavily weighted factor. Generally, short-term marriages (under 5-7 years) are less likely to result in long-term support awards compared to marriages lasting 20 years or more. 2. The Financial Condition of Each Spouse The court looks at the disparity in income. Does one spouse earn significantly more? Does the other spouse have the ability to become self-supporting? The goal is usually to bridge the gap, not necessarily equalize income perfectly. 3. The Age and Health of Both Parties A spouse nearing retirement age or suffering from poor health who cannot enter the workforce will have a stronger claim for support than a young, healthy spouse. 4. Career Sacrifices and Contributions Did one spouse put their career on hold to raise children or manage the household while the other advanced their career? The court considers the contribution of a "homemaker" as having significant economic value. 5. The Standard of Living During the Marriage While not a guarantee, the court does consider the lifestyle the couple enjoyed together when determining what is "just and equitable." 6. Property Division How the marital assets (houses, retirement accounts, businesses) are divided can impact alimony. If one spouse receives a larger share of income-producing assets, they may need less support. Types of Spousal Support in Nevada Alimony is rarely a "forever" obligation anymore. Modern Nevada courts tend to favor arrangements that help a lower-earning spouse become self-sufficient. Temporary Support: Awarded during the divorce process to keep the status quo and ensure bills are paid until a final settlement is reached. Rehabilitative Support: This is very common. It is awarded for a specific period to allow a spouse time to obtain job training, education, or experience to re-enter the workforce and become self-supporting. Lump-Sum Alimony: Sometimes, parties agree to a one-time buyout payment instead of ongoing monthly payments to achieve a "clean break." Permanent (Long-Term) Alimony: Generally reserved for long-term marriages where, due to age or health, one spouse will likely never be able to be fully self-supporting.. How a Strategic Reno & Minden Family Law Attorney Helps Because Nevada alimony law is based on subjective factors rather than a rigid formula, the outcome relies heavily on preparation and strategy. At the Law Offices of Maximilian A. Stovall, we understand the local courts in Reno, Minden, and surrounding Northern Nevada communities. We know how local judges tend to weigh these different financial factors. Whether you are seeking support or defending against an unfair claim, we help by: Gathering Evidence: Meticulously documenting income, expenses, career sacrifices, and standard of living. Developing a Strategy: Crafting a compelling argument tailored to the specific factors that favor your position. Negotiating Fairly: Working toward a realistic settlement out of court that secures your financial stability. Litigating Fiercely: If a fair agreement cannot be reached, we are prepared to advocate vigorously for your financial rights before a judge. Don't leave your financial future to chance. Contact Us Today for Clear Financial Guidance → If you are facing divorce and have questions about alimony in Northern Nevada, contact the Law Offices of Maximilian A. Stovall today to schedule a consultation. We will help you understand your rights and develop a smart strategy for moving forward.
Family law matters affect what matters most—your children. When parents in Reno, Minden, Carson City, or the wider Northern Nevada area face separation or divorce, the most critical decision involves establishing custody. In Nevada, the court's priority is singular and unwavering: the best interest of the child. Understanding this standard and the factors a local judge considers is the first and most vital step in protecting your relationship with your child. The Foundational Standard: Best Interest of the Child Under Nevada Revised Statutes (NRS 125C.0035), every custody determination, whether initial or modified, must be based on what the judge determines is in the child's best interest. This is a complex standard, requiring the court to evaluate numerous factors. What Does "Best Interest" Mean in Nevada Law? The court does not use a simple checklist; instead, it conducts a holistic evaluation of the family situation. Key factors the court must consider include: The Child’s Emotional Bonds: The love, affection, and emotional ties between each parent and the child. The Capacity of the Parent: Each parent's ability to cooperate, facilitate a relationship with the other parent, and address the child's developmental needs. Conflict Between Parents: The level of conflict between the parents and the potential for that conflict to harm the child. The court favors parents who can minimize conflict. Parental Health and Safety: The mental and physical health of each parent. This includes any history of abuse, neglect, or substance dependency. Caring for the Child: Which parent has historically acted as the primary caregiver. The Child’s Preference: If the child is of sufficient age and capacity to form an intelligent preference, the court will consider their wishes, though this is only one factor among many. Crucial Takeaway: The court is not looking for a "perfect parent," but the arrangement that best promotes the child's stability, safety, and well-being. Physical vs. Legal Custody: Key Distinctions A custody order determines two distinct types of rights and responsibilities. It’s essential to understand the difference between them, as they are often treated differently by the court. Legal Custody Legal custody is the authority to make major, long-term decisions concerning the child's upbringing. This includes choices about: Education (which school the child attends) Medical care (non-emergency procedures) Religious instruction In Northern Nevada, courts overwhelmingly favor joint legal custody, meaning both parents share the right to make these major decisions, even if one parent has primary physical custody. Physical Custody Physical custody refers to where the child lives on a day-to-day basis and which parent is responsible for their routine care. Joint Physical Custody: The child spends a significant, roughly equal amount of time with both parents. This arrangement is common and often favored if parents live close and can cooperate effectively. Primary Physical Custody: The child spends the majority of their time (more than 60%) with one parent, while the other parent is typically awarded a structured visitation schedule, often referred to as parenting time. Common Custody Challenges in Northern Nevada Because Northern Nevada is a transient region, specific issues often arise in the family law context: Relocation Cases (Moving Out of State) If a parent with joint physical custody or primary physical custody wishes to move a child out of the state of Nevada, the law requires specific steps. Unless the other parent agrees, you must petition the court for permission. The court will apply a detailed analysis of factors to determine if the move is in the child's best interest. Relocation is one of the most complex areas of custody law. Enforcement of Orders If one parent fails to follow the court-ordered parenting plan—by withholding visitation, failing to pay support, or violating other terms—the other parent may need to file a motion for contempt or an enforcement action. The court takes non-compliance seriously and may impose sanctions or modify the order. How the Law Offices of Maximilian A. Stovall Can Help Navigating the courts in Reno, Minden, and Carson City requires not just a knowledge of Nevada law, but deep familiarity with local judges and procedures. At the Law Offices of Maximilian A. Stovall, we provide: Smart Strategy: We help you understand how the "best interest" factors apply specifically to your unique family situation. Local Advantage: Max Stovall brings deep familiarity with the local judicial system, ensuring your case is presented efficiently. Fierce Advocacy: Whether we are negotiating a fair parenting plan outside of court or advocating for your rights and your child's well-being in a contested hearing, we offer steady guidance every step of the way. If you are facing a child custody matter in Northern Nevada, it is critical to seek experienced legal counsel immediately. Contact Us Today Ready to discuss your case? Contact the Law Offices of Maximilian A. Stovall for compassionate guidance and strong representation.
