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 under California drug laws, also referred to as possession with intent. Facing charges like these alone can be a frightening experience. We can be there to help you through this uncertain time.
It may feel like no one is sensitive to what you are going through when you are facing serious felony drug charges. We are. We have handled many cases involving controlled substances. We have probably handled one very similar to yours.
We know that sometimes people make mistakes and don’t fully realize what was wrong with what they were doing until they get caught. We also know that people get caught up in the system and are not guilty of the charges against them.
Whatever your situation, we can help. Call today to discuss the particulars of your case. When facing a serious charge that can include prison time and large fines, you need an experienced defense lawyer on your side. Call today for a free consultation with an attorney who can help. There is no obligation.
California Drug Possession for Sale – Penalties
Drug possession for sale is a felony in California. The prosecution does not have to prove you sold anything in order to convict you on this charge, only that you intended to. Your intent can be proved by several things including:
- amount of drugs found
- baggies or scales
- conversations with undercover officers or informants
- unusually high volume traffic to and from your residence
The potential sentence for this offense can be quite harsh. The “base” sentence is 3-5 years in prison. A judge can add onto this sentence for aggravating factors such as past criminal record, selling to children, or being in possession on school grounds.
Ref: California Possession to Sell Laws (HS 11350-11356.5)
Drug trafficking is another serious felony in the state of California. Trafficking includes transporting and the sale of controlled substances. You can also face trafficking charges if you helped someone else sell drugs or transport them.
Depending on the specifics of your case you could be facing a potential base sentence of 6-9 years for this charge, not including any enhancements added on by the judge.
There are several things that a skilled defense attorney will consider when building your defense. One of the first things we look at is whether the police acted appropriately and did not violate any of your rights at the time of arrest and in the seizing the evidence.
If the drugs were seized improperly or a search was done without probable cause, we may be able to get the charges dropped altogether. The U.S. Constitution protects you against unreasonable searches and seizures and we, as skilled attorneys, are here to be sure your rights are protected at all stages of the criminal justice system.