Penalties for Drug Charges in California

Penalties for Drug Charges in California

Penalties for drug charges in California are serious. If you are facing drug charges such as possession for sale or transportation of drugs can be a scary experience. Hiring an experienced Palmdale drug crimes criminal lawyer can help defend drug charges in California. The Manuelian Law Firm handles various drug charges in California.

Defenses for a drug possession charge usually involve a challenge to the evidence seized by police during arrest. The laws surrounding searches and seizures are complex, so sometimes a case is destroyed due to errors made by law enforcement officers during the collection of evidence. If any rights are violated during the arrest, a drug possession charge in Palmdale, California may be dismissed completely. Other potential defense strategies are also available, making it critical to choose a drug possession criminal defense attorney to represent you who has extensive experience in drug possession defense.

Drug crimes can be tried as either a misdemeanor or a felony, depending on the circumstances. Persons convicted of drug-related offenses are usually to blame for the overcrowding of America’s correctional facilities. Due to this, drug sentences are often lower than normal. Law enforcement and prosecutors are working diligently to make sure drugs are kept off the streets, preventing more danger among the community.

Types of Drug Crimes

There are four types of drug related crimes: possession, manufacturing, transportation (or distribution), and selling. The following drugs are considered ILLEGAL to possess, manufacture or sell: Marijuana, Cocaine, Heroin, Methamphetamine, Ecstasy, LSD, Shrooms, Oxycontin, and other drugs.

Possession of Drugs for Sale in California

Possession of drugs for sale in California is found in the California Health and Safety Code section 11352. You can be charged with H&S section 11352 possession for sale or transportation of cocaine, heroin, shrooms, LSD, ecstasy, prescribed opiates such as oxycontin. In order for prosecution to find your guilty of Health and Safety Code section 11352, they must prove beyond a reasonable doubt that:

  1. Defendant transported, sold, furnished, gave away or imported into California a controlled substance,
  2. Defendant knew of the presence of the controlled substance;
  3. Defendant knew of the character or nature of the controlled substance; and
  4. The controlled substance was a type identified in section 11352.

Penalties for Possession of Heroin in California

Possession and Selling Heroin: Possession of heroin in California is a felony. Persons convicted of heroin possession face anywhere between sixteen (16) months to three (3) years in prison.

Penalties for Transportation and Distribution of Heroin in California

Transportation/Distribution Heroin: Any person convicted of transporting or distributing heroin across two counties in California can face up to nine (9) years in prison. If the heroin exceeds 14 grams, a fine of $50,000 is added.

Penalties for Possession and Selling of Cocaine in California

Possession and Selling Cocaine: Possession of cocaine is considered a felony. A conviction of this crime can result in $20,000 in fines and four years in jail. However, if you sell cocaine under special circumstances such as the sale occurring near a school, drug treatment facility, or possess more than one gram of cocaine, the penalty can be up to twenty-five (25) years in prison.

Penalties for Transportation and Distribution of Cocaine in California

Transportation/Distribution of Cocaine: Transportation and/or distribution of cocaine are both felonies that are punishable up to nine (9) years in prison if the cocaine is transported across more than two counties in California. If the cocaine transported weighs 2.2 pounds or more, the penalty can be a prison sentence of three (3) to twenty-five (25) years.

If you were arrested in Palmdale or Lancaster for a drug crime, such as possession for sale or transportation of drugs in California it is vital that you contact an experience criminal defense attorney who defend your drug charges in California. can advise you of your rights and potential defenses to what can amount to serious criminal charges with serious consequences. The Manuelian Law Firm is a criminal defense law firm in Los Angeles, CA and defends clients facing drug charges in Palmdale, Lancaster, and California. We invite you to contact us for a free consultation at (213) 401-2777.

 

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