Types of Drug Crimes
Drug Crimes Attorney in Pasadena
In the state of California there are strict penalties when it comes to drug crimes. These are considered to be a serious offense by law enforcement and they take extensive measures to put an end to this issue. That means that those who are found guilty for a drug related crime can be facing a damaging outcome that includes legal penalties, as well as ramifications to the rest of their life.
How a Crime is Charged
Drug crimes can vary significantly in the severity of a charge. There are a few aspects that go into deciding how a charge should be made. The first is the type of drug that a person is found to have on them. More damaging drugs, such as cocaine, can come at a higher cost. Next is the amount of the drug that is found in possession. The higher the weight of drugs found, the more the penalties will increase. Another factor that will be extremely important is the type of action with which the drugs are used. In the state it is illegal to possess, distribute, manufacture or cultivate an illicit substance.
Types of Crimes and Penalties
Possession accounts for being found with any form of an illicit substance and having the item knowingly. It is a felony charge to have serious narcotics such as heroin or crack in possession under Health & Safety Code 11350. This can lead to charges of up to three years in a state prison, but there is the possibility of seeking alternative programs instead of serving a sentence. It is an even more serious crime under the Health and Safety Code 11351 HS to have drugs in your possession for the purpose of selling them. Possession may be having the drugs physically with your, having access to them or having joint possession of them with another person.
Since it is not likely that a suspect is going to be the one to say if they planned to sell the drugs they had or not, police can jump to the conclusion themselves and it is not always the right one. They may do this when certain factors are present, such as large sums of cash, scales, a high amount of drugs, people coming in and out of a house or baggies that could be used to separate the drugs. This crime is considered a felony and can result in up to four years in prison and $20,000 in fines. Even having drug paraphernalia can lead to criminal charges.
Sale and Transportation
The sale or transportation of a controlled substance is outlined under Health & Safety Code 11352 HS. This includes selling for profit, giving away, importing or transporting any drugs in the state. These charges are a felony and can lead to up to five years in prison and $20,000 in fines. For those that are found to have transported the drugs over more than two county lines, the penalties can be increased. They will also be elevated when aggravating factors are involved, such as conducting the illegal activity within 1,000 feet from a homeless shelter or treatment center for drugs.
Manufacturing is considered a felony under Health & Safety Code 11379.6 HS. Those that can be tried for this crime will have needed to actually begun the process of creating the controlled substance, rather than only have prepared to do so. A conviction can lead to up to seven years on prison, and this will be elevated if someone is harmed or killed from the manufacturing, or it is done in an area where children are nearby.
To find out more about these charges, contact a Pasadena drug crimes lawyer from our team.