Drug Charges/Crimes
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Sacramento Drug Crime Lawyer
Drug Crimes, Possession & Intent to Sell Charges
Even though California is often viewed as a more liberal state (especially in regards to medical marijuana) that does not apply to most California drug possession laws. The most common drug charge is possession of a controlled substance; generally, controlled means that the use and distribution of the drug is governed by law.
California Health and Safety Code Sections 11350-11356.5 outline some drug possession laws and the penalty accompanying the violation. Generally, your specific charge is determined by:
- Drug type;
- Amount; and
- Geographic area (for example, distributing drugs near a school carries a higher penalty)
If you have been charged with possession, the government ( district attorney) must satisfy and prove a set of criteria to reach a guilty of possession conviction. Including:
- You possessed the drug without a valid prescription
- You knowingly and intentionally possessed a controlled substance
- In a quantity sufficient for personal use or sale.
A possession charge can be based on actual or constructive possession. Actual possession means the controlled substance was in your actual possession and you were aware of it. In contrast, constructive possession means that even if you did not have the drug in your immediate possession (for example, your pocket) a possession charge is still possible, as long as you had access and control over the place where the drugs were found. Thus, if illegal drugs are found in your car during a traffic stop, you can be charged and sent to jail (even if you where unaware of the fact) for the violation.
Unfortunately, many people are falsely arrested and charged with possession or intent to distribute. A conviction for simple possession may result in damaging your record, jail time and fines. A conviction of intent to distribute carries penalties and charges that are much more damaging and may very well result in a prison sentence.
Contact Sacramento drug crime lawyer
If you have been arrested and charged with a drug violation, it is highly recommended that you speak with an experienced drug crimes defense attorney at the Law Offices Of Wing & Parisi. We have more that 76 years of combined legal experience. Our experience provides us with the necessary skills and knowledge to prepare a thorough defense against your drug charge. Call today and schedule a free consultation with an experienced Sacramento drug crime lawyer.
Sacramento Drug Possession
In the State of California, possession of a controlled substance charge refers to the defendant or the person charged having drugs under their control. However, this does not imply that the drugs must be in your pocket in order for you to be charged with possession, they can be in your glove department or in your home.
California drug possession laws generally fall into one of two main categories: simple possession, which implies that the drug was intended for personal use, and possession with intent to distribute, which implies that the drug was not meant simply for personal use. Generally, possession with the intent to distribute yields a felony charge, a jail or prison sentence, and stiff fines, or both if convicted. A simple possession charge may result in a misdemeanor or infraction, a jail sentence, a fine, or both if convicted.
Under California’s Health and Safety Code Section 11350, most possession of a controlled substance charges are considered felony offenses. The exceptions to this include:
- Simple possession
- Marijuana possession
- Possession of drug paraphernalia
- Being under the influence of drugs
Though drug possession laws vary according to drug type, amount, and geographic area of the offense, the following are a red flag to law enforcement and usually bring forth an intent to distribute charge:
- Large quantities of the drug;
- Digital scales;
- Large amounts of cash in small bills;
- Testimony from witnesses;
- Small baggies or packaging of the drug in separate baggies.
Contact Sacramento drug possession lawyer
If you have been charged with possession of a controlled substance, it is recommended that you speak with an experienced Sacramento drug possession lawyer about your case. An experienced defense attorney will help you understand your charges, possible penalties, and advise you of your legal options.
Sacramento Drug Crimes: Intent to Sell
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
Contact Sacramento drug crimes lawyer
CDS sales incur both heavy fines and long periods of incarceration. If you’ve been charged with drug possession and the intent to sell, don’t wait any longer to talk to a Sacramento drug crimes lawyer. 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!
Contact Sacramento Drug Crime Lawyer
When you have been charged with a drug crime, choose a Sacramento drug crime lawyer with the experience and dedication to make a difference. The Law Office of Wing & Parisi is dedicated to provide exceptional customer service and excellent legal representation for those charged with any type of crime.
Whether it’s your first charge or your second, you need a dedicated and skilled attorney by your side. Contact us online or call at (916) 441-4888 for a free and confidential case 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.
