Potential Consecuences for Drug Possession for Sale
California Health and Safety Code §11351 establishes a sentencing range for those found in the possession of controlled substances, with the intent to sell. Controlled substances are outlines under the same section and include:
- Opiates and Opiate Derivatives
- Certain Hallucinogenic Substances
Those that are found in the possession of marijuana for the intent to sell are not charged under this section. The section that establishes a sentencing range for possession of marijuana for sale is California Health and Safety Code §11359.Potential Sentencing Range
Drug possession for sale charges in California are charged as felonies and face a wide range of sentencing options. A person who is found guilty may face up to a year in county jail, or 2 to 4 years in State prison, as well as a fine up to $20,000 and probation. Where the sentence falls will be determined by the person’s criminal background and the specific facts of the case, especially aggravating circumstances.Aggravating Circumstances
Aggravating circumstances are facts of a case that aggravate or enhance the overall severity of the charges, causing Prosecution to consider a harsher penalty. These involve the type of drug found in possession, the amount of the drug and criminal background.
If a person is found in possession of certain cocaine based drugs, cocaine or heroin, the sentencing range will increase based on the amount found in possession. For example, if a person is found with more than one kilogram, the sentence will increase by 3 years and up to $8,000 in fines. Similarly, if a person has been previously convicted with a drug charge more than mere possession, they will face an additional sentence of 3 years in prison.How can I get my Case Dismissed?
There is a lot of speculation and subjective facts involved in proving a case for Possession for sale. Oftentimes, prosecution is unable to present a strong case, and/or an experienced Los Angeles Drug Possession attorney is able to weaken government’s argument and present the facts most favorable to their client. In these cases, the charge is reduced from a Possession for Sale to a Drug Possession case. If a person is charged with Drug Possession, they have the option of enrolling in a Drug Diversion Program. A drug diversion program mandates that a person attend drug education and rehabilitation classes. Once the classes are completed to the court’s satisfaction, the Judge will dismiss the charges.