Under California law it is a serious crime to possess illegal drugs with intent to sell them. Even though Proposition 47 has lowered most drug possession crimes that are for personal use to a misdemeanor, the severity of a charge of possession for sale of a controlled substance remains strict. 

Under California Health and Safety Code Section 11351, possession of a controlled substance with intent to sell is a felony offense. That is why if you are facing charges for possessing drugs with intent to sell them, you need an experienced Los Angeles drug defense attorney. Contact the Law Offices of William Kroger today at (313)-655-5700 for a free consultation.

Possession of Drugs for Sale in Los Angeles

When you are charged with possession of a controlled substance with intent to sell, law enforcement must be able to prove that your actual intent was to sell the illegal drug. They can do that if you are carrying an unusually large amount of the drug, if you have large quantities of cash on you, or if you are actually caught selling the controlled substance to another person.

Controlled substances include:

• Cocaine

• Heroin

• Methamphetamine

• Oxycodone

• Hydrocodone

A prosecutor may argue that you had control over the substance, that you were aware, or should have been aware, that it was an illegal substance. He or she may also note that the amount you were carrying was enough to sell, and that you had specific intent to sell it.

In some cases, a prosecutor can argue that you intended to sell the drug if you had the substance packaged in separate baggies, or if you were in possession of scales or drug packaging material at your residence. Moreover, he or she can also use the lack of paraphernalia in your possession to showcase that the drugs were for sale and not for personal use.

HS 11351 Punishment and Drug Dealing Penalties In Los Angeles

A HS 11351 felony charge is a serious charge under the California Penal Code. This offense is punishable by 16 months to 5 years incarceration, depending on the type of controlled substance, quantity of the controlled substance, and prior record. Sentences are enhanced if the facts involve excessive amounts of narcotics, guns, or violence. The language of the code, states:

11351. Except as otherwise provided in this division, every person who possesses for sale or purchases for purposes of sale (1) any controlled substance specified in subdivision (b), (c), or (e) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.

Defense Strategies for Possession of Drugs for Sale

There are different strategies a drug defense lawyer can use to fight a possession for sale charge. They might be able to argue that the drugs were for personal use, which would take the charge down to a misdemeanor. 

In certain instances, a defense attorney can argue the case that evidence was obtained during an unlawful search and seizure if there was no warrant or if  excessive force was used at any time. It can sometimes be  argued that you had no knowledge of the drugs, for example if you were driving a car that isn’t yours and authorities located the substance in that vehicle. 

Drug Crimes: Defense Lawyers in Los Angeles With Experience 

If you’re in the Los Angeles area and you’re  facing a health and safety code 113511 charge, your future is at stake and you need a Los Angeles drug crimes lawyer with experience. Mr. Kroger has handled numerous cases of this kind, and is the tough defender you’ll want in your corner. 

In 2011, William Kroger represented a defendant charged with possession for sale and transportation of more than 2,000 pounds of marijuana. The client received no jail time and instead was sentenced to perform 60 days of community service. The client avoided years of prison time! That is the type of outcome we strive for in every case. 

At the Law Offices of William Kroger, our goal is always to get our clients rehabilitation instead of prison sentences. Narcotics are highly addictive and can take over a person’s life. Those who get caught up in that cycle find it very difficult to get out, and may resort to committing crimes they would have never committed otherwise. That’s why we do our best to get our clients treatment options and always do our best to avoid prison time whenever possible. 

Contact the Best Los Angeles Drug Defense Attorney

Whether you’re facing cocaine charges or other drug charges, the stakes involved in drug cases are extremely high. A defendant can lose their freedom, financial stability, house, vehicle, civic rights to vote or serve on a jury,  and to own firearms. 

If you or someone you love have been charged for possession for sale of a controlled substance, you need an attorney that advocates for treatment and rehabilitation in drug cases, rather than punishment and retribution. 

At the Law Offices of William Kroger we know all the best defenses for a drug charge, and have successfully handled many 11351 charges and other drug-related charges. 

Contact us today at (313)-655-5700 for a FREE consultation.

People Also Ask

What is a 11351 HS charge?

A 11351 HS charge is an accusation under California Health and Safety Code Section 11351, making it illegal to possess a controlled substance with the intent to sell it.

What is possession with intent to sell in California?

Possession with intent to sell in California refers to holding a controlled substance with plans to distribute or sell it, a violation that requires proof of intent beyond mere possession. 

Is 11351 HS a felony or misdemeanor?

HS 11351 is classified as a felony offense, carrying significant penalties including imprisonment, fines, and other legal repercussions for convicted individuals.