Top Sacramento Criminal Defense Attorney for Intent to Sell Drug Charges
California state laws include two broad categories for crimes of drug possession: simple possession and possession with the intent to sell. If you are caught in possession of a controlled substance and also have such things as scales, baggies or chemicals consistent with processing drugs, you may be charged with possession to sell, or possession with intent. Facing such charges can be a very scary experience but you are not alone. Contact an experienced criminal lawyer immediately so you know what to do.
California classifies not only well-known drugs like marijuana, heroin and cocaine as controlled dangerous substances (CDS) but also the compounds used to manufacture them. California divides these drugs into five “schedules”:
- Schedule I drugs (opiates, marijuana, depressants, etc)
- Schedule II drugs (raw opium, morphine, narcotics, etc)
- Schedule III drugs (pentobarbital, anabolic steroids, hallucinogens, narcotics, etc)
- Schedule IV drugs (diazepam, zolpidem, narcotics, etc)
- Schedule V drugs (low doses of codeine, narcotics, etc)
Penalties of Drug Sale
Drug possession for sale is a felony in the state of California with pretty harsh punishments. The minimum sentence is 3-5 years in prison but can be worse if the judge finds aggravating factors such as past criminal record, selling to children or being in possession on school grounds. The prosecution does not have to prove you sold anything. The prosecution just needs to prove that you intended to. Proving intent can come from different types of evidence like: the amount of drugs found, baggies or scales, conversations with undercover officers or informations and unusual high volume traffic to and from your residence.
Drug trafficking is another serious felony in California and depending on the specifics of your case, could result in 6-9 years for this charge, not including any enhancements added on by the judge. Worse, involving a minor at any point in any CDS crime will result in significantly harsher penalties. Selling to minor results in a prison sentence of 5-9 years when:
- The defendant is over the age of 18 and at least five years older than the minor buyer
- The sale takes place on school grounds or public playground while that facility is in use by minors
CDS sales incur both heavy fines and long periods of incarceration. If you’ve been charged of drug possession with the intent to sell, don’t wait any longer to talk to a Sacramento criminal defense attorney. A skilled attorney will look at a variety of factors when building your defense. If the drugs were seized improperly or a search was done without probably cause, you may have a good defense. The U.S. Constitution protects you against unreasonable searches and seizures. Don’t wait any longer to make sure your rights are protected!
There’s no substitute for a strong Sacramento criminal defense attorney,
call Wing & Parisi at (916) 441-4888.
Contact us online or call at (916) 441-4888 for a free and confidential initial consultation, available in Spanish. We appear in state and federal courts in the Sacramento and Davis communities as well as throughout Placer and San Joaquin counties.
Law Office of Wing & Parisi
917 G Street
The Law Office of Wing & Parisi serves clients in the Sacramento and Davis communities as well as throughout Placer County and San Joaquin County. Hablamos espanol.