Robert W. Davis, Jr.,
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What are the two types of possession?

On Behalf of | Feb 13, 2020 | Federal Criminal Defense |

While they seem simple, drug possession and illegal firearm possessions are often challenging to understand. However, these two falls under two categories actual and constructive possession. Actual property possession is fundamental. It means that you had the contraband.

Constructive possession, on the other hand, is much more challenging to understand. You are charged with constructive possession if you have the intention and power to control the item in question.

The Indiana patent Jury instruction no. 14.3060 of the criminal cases makes it clear that possession means to have control over. Property possession can be sole or joint. With constructive possession, you need to have time and intention to control the item either through other people or directly.

The proof of ownership often concerns the location of the item and the inference of intent or capability. This instruction also makes it clear that two individuals can quickly get in possession of one item, one with constructive and the other with actual property possession.

Of course, in both cases, you will either be charged with a misdemeanor or a felony. In most cases, felony charges are for individuals who have rubbed shoulders with the law before for similar offenses.

Constructive possession cases are difficult to prove since the state must show that while the individual does not have any of the legal contraband in their possession, they have the power to distribute it. It is often the case with real estate property and cartels.

Members of the society who have to deal with constructive possession are those who have power and money to commit crimes by hiring other people to do it on their behalf.


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