Anyone who possesses or sells a substance containing heroin greater than 14.25 grams can be convicted of a felony. For more information, you can refer to California's Uniform Controlled Substances Act, which clearly defines drugs whose possession could result in a felony drug offense. The following is a list of possible penalties in a California drug possession case. In certain circumstances, illegal possession of narcotics can be prosecuted as a felony.
These include if you had a previous conviction for a sexual offense or a felony. A felony conviction can be punishable by up to three years in county jail. But possessing any quantity of cocaine in California for the purpose of selling it is a felony punishable by up to 4 years in jail or imprisonment, 11 In addition, selling, transporting for sale, trafficking or manufacturing narcotics are felonies in California that can carry severe prison sentences. Previous strikes, guns, assaults, violence and sexual offenses will shift the charge to a felony drug charge.
Specifically, if the intent after conviction for a felony drug offense is to convince the court of a possible qualification for a drug diversion or treatment program. Fortunately, a conviction for personal possession of cocaine may allow some defendants to participate in a California drug diversion program. Simple drug possession is often charged as a misdemeanor (as opposed to a felony or an offense). An experienced San Diego drug defense lawyer can honestly tell you what you might face and help you minimize these charges.
If you are arrested for this type of drug crime, seek legal advice from a qualified Los Angeles criminal defense attorney who can review your case and determine the best avenues for your situation. California classifies not only drugs known as heroin and “crack” cocaine as controlled illegal substances, but the state code also details the compounds used to make them by categorizing them. Usually, if this is your first time committing a crime, you can get a drug diversion program instead of going to jail, which is an alternative form of sentencing. Also keep in mind that, in some cases of illegal possession, you may qualify for a drug diversion (treatment) program or drug court.
Under California drug sentencing guidelines, most cases of simple drug possession (for personal use) are charged as misdemeanors rather than felonies. Therefore, with the latter in mind, a decision to prosecute a felony drug charge is more than likely. Criminal defense lawyers use several defense strategies to help defendants challenge charges of cocaine and illegal drugs. But when something other than a very small amount of cocaine is recovered, the State will often charge a defendant with possession with intent to deliver a controlled substance (which is a more serious crime than drug possession).
These programs allow you, if you committed a nonviolent crime of drug possession, to serve your sentence in a drug treatment program instead of jail or prison. In the case of a felony drug charge, proper legal defense can provide persuasive arguments that serious cases may require.
