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 drug possession for sale 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.
When you are charged with possession of drugs with intent to sell, law enforcement have to 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 dealing the controlled substance to another person.
Controlled substances include:
Oxycodone
Hydrocodone
A prosecutor is going to argue that you had control over the substance, that you were aware, or should have been aware, that it was an illegal substance, that the amount you were carrying was enough to sell, and that you had specific intent to sell it.
A prosecutor can argue that you intended to sell the drug if you had the substance packaged in separate baggies, if you have scales or drug packaging material at your house. A prosecutor can also use the lack of paraphernalia to showcase that the drugs were for sale and not for personal use.
Every charge of dealing drugs in the California Penal Code is a felony. This offense is punishable by 16 months to 5 years incarceration, depending on the type of drug, quantity and prior record. Sentences are enhanced if the facts involve excessive amounts of narcotics, guns or violence.
There are different strategies a drug defense lawyer can take 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. At times you can also argue that the evidence was obtained during an unlawful search and seizure, such as maybe they didn’t have a warrant or they used excessive force. You can also argue that you had no knowledge of the drugs, for example if you are driving a car that isn’t yours.
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 to perform 60 days of community service. The client avoided years of prison time.
At the Law Offices of William Kroger our goal is always to get rehabilitation instead of prison sentences. Narcotics are highly addictive and can take over a person’s life, and those caught up in that cycle find it very difficult to get out and may resort to committing crimes they would have never done otherwise. That’s why we do our best to get our clients treatment options and avoid them going to prison time for the sale of drugs.
The stakes involved in drug cases are extremely high. A defendant can lose their freedom, financial stability, house, car and civic rights to vote, serve on a jury and own firearms. If you or someone you love have been charged for possession for sale of a controlled substance you want 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 dealing charge. We know when you’re available to go into a drug diversion program. And we do our best to help you avoid getting a felony on your record. Contact us today at (313)-655-5700 for a free consultation.
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This page was reviewed and approved by William S. Kroger, a leading criminal defense attorney in Los Angeles. Mr. Kroger has decades of experience defending clients in both state and federal courts. He is recognized for his strong trial skills and dedication to protecting the rights of the accused. Throughout his career, he has successfully represented clients facing a wide range of serious criminal charges. His personalized defense strategies are designed to achieve the best possible outcome in every case. Clients trust Mr. Kroger for his knowledge, commitment, and proven results.
He is also an active member of respected legal organizations, including the American Bar Association and the National Association for Criminal Defense Lawyers. With his expertise and reputation, William S. Kroger is regarded as one of California’s top defense lawyers.
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