Ventura County Drug Possession Defense Attorneys
What You Should Know About Possession of Drugs for Sale in California
The attorneys at our firm have decades of experience in defending clients facing charges for possession of drugs for sale in Southern California. It is important that you to understand the consequences of dealing drugs and why you need an experienced drug defense lawyer to represent you if you have been charged with violating California laws pertaining to possession of drugs with intent to sell.
Possession of Drugs for Sale under California Law
It will not matter if you were arrested for illegal drugs such as methamphetamine, heroin, or cocaine, or if you were arrested for selling medication like Vicodin, Oxycotin, Percocet, Valium or Xanax. These are all considered controlled substances in the state of California. You could be in violation of the various complicated California laws pertaining to possession of drugs for sale if you: Possessed a controlled substance; Knew that you possessed that controlled substance; Knew it was a controlled substance; Possessed enough to sell it for use as a controlled substance, and Possessed the controlled substance with the specific intent to sell it.
Intent to Sell under California Law
Possession with the intent to sell drugs is more serious than simple possession of a controlled substance for personal use. If your attorney can convince the court that you possessed the drug only for personal use, and not to sell it, you may be entitled to participate in a drug diversion program. Upon successful completion of such a program, your charges are dismissed.
Possession for Sale of Methamphetamine (HS11378)
Possession of a controlled substance, such as methamphetamine, which is considered a controlled substance, with intent to sell is a felony in California. If conviction you could be subject to up to three years in county jail and a fine of up to $10,000. If you actually sell or transport this drug, you risk up to four years in county jail plus the same fine. If your crime involves a minor or places where minors frequent you could spend up to nine years in state prison, or more.
Possession of Cocaine or Heroin with Intent to Sell (HS11351)
Possession with intent to sale of illegal narcotics or opiates, such as cocaine or heroin, is a felony offense in California. If you are arrested for possessing drugs such as cocaine or heroin for sale, you will be subject to up to four years in county jail and a $10,000 fine. If your offense involves a minor or places where minors frequent you could spend up to nine years in prison, or more.
Additional Punishment for Possession of Drugs for Sale Convictions
If you are found to be transporting drugs illegally across more than two counties, you would be subject to up to nine years in prison. In addition to a jail or prison sentence, you could be required to serve up to three years on mandatory supervision, either probation or parole. Strict conditions are typical during this post-release community supervision which will include mandatory drug testing and search terms for your person, residence and automobile. If you violate the terms of your supervision you will be subject to more custody time.
If you are convicted of any of the crimes listed above, you will be required to register as drug offender for five years with the local authorities where you live. You would be subject to additional criminal charges if you willfully fail to register as required.
If you are in this country illegally, you would be subject to deportation as a consequence of a drug possession for sale conviction. Additionally, you may find it very difficult to find employment. Most employers will ask you if you have ever been convicted of a crime; especially a felony and this conviction would require that you answer in the affirmative.
How can we help?
If you have been charged under any of these California laws, we invite you to contact us for a free consultation.