With 46.1% of the inmates in the country incarcerated for drug-related offenses, one can say that the US, let alone San Diego, CA, doesn’t take these charges lightly. If you’re accused of such an offense, seek the help of a competent drug defense attorney immediately. Drug charges, even minor ones, need a solid legal argument to reduce a sentence.
No matter how complex your case is, The Law Office of Troy P. Owens, Jr is ready to represent you in court. Get in touch and let us review your case for free.
Types of Drug Offenses in California
In California, drug crimes are wobblers, meaning, the DA can charge them as an infraction, a misdemeanor, or a felony. The determination of the charge depends on many factors, such as the nature of the offense, the type and amount of illegal substance involved, the purpose of possession, and more. Some substances that could be subjected to these charges are cocaine, ketamine, marijuana, methamphetamine, Gamma Hydroxybutyrate, and more.
Common drug offenses in the state include:
- Drug Possession – The prosecutor can charge you with drug possession if your circumstances apply to any of the following:
- Actual Possession – You allegedly had or carried the controlled substance with you and had direct control over it.
- Constructive Possession – You allegedly own and have the right to control the controlled substance, even if you’re not the one who was keeping or carrying it.
- Joint Possession – You allegedly bought the controlled substance with another person and intended to share it.
In many cases, drug possession is a misdemeanor, but the circumstances of the alleged offense still affect the charges. Additionally, marijuana possession for medical purposes is not subject to these charges.
- Drug Possession for Sale – This is a more serious offense than possession. In fact, it’s charged as a felony and carries heavier penalties. You allegedly have large quantities of controlled substances and had the intent to sell them.
- Drug Trafficking – The prosecutor can file a drug trafficking charge against you if you allegedly transported, distributed, bought, and sold illicit substances. In many cases, drug trafficking is charged as a felony and carries severe penalties, such as several years in prison and substantial fines.
- Drug Cultivation and Manufacturing – This includes cultivation, preparation, and production of controlled substances without authorization. The prosecutor can file charges if you allegedly possessed the ingredients as well as had the intent to manufacture drugs. In many cases, it is charged as a felony.
- DUI of Marijuana – The prosecutor can file charges against you if you allegedly drove under the influence of marijuana, so much so that that the controlled substance in your bloodstream impaired your mental abilities.
Whatever the charges are, our drug attorney will fight for your rights and give you the legal protection you deserve.
Penalties of Drug-Related Crimes
The penalties of a drug charge depend on the type of charge. An infraction, the lightest kind of charge, carries monetary fines. Misdemeanors, meanwhile, entail up to a year in the county jail and summary probation. Finally, felonies, the gravest of the three, carry state prison sentences and formal probation.
Defense against Drug Offenses
Our defense lawyer can explore several defense strategies, such as:
- Improper Police Conduct – Those who seized the controlled substances didn’t follow protocol or conducted an unlawful search.
- Blind Mule – You don’t own the controlled substance, or you didn’t know it was there.
- No Intention to Sell – You had no intent to sell the uncontrolled substance.
- Duress – You were threatened and forced to participate in the crime, and there was no reasonable way to get out.
- Proposition 215 – You’re a patient or a caregiver who may legally cultivate, possess, and transport marijuana.
Get in touch with our seasoned San Diego drug crimes attorney, and we’ll work towards a favorable outcome. Call us today for a free initial consultation.