California Penal Code 11351 makes it a felony to be in possession of controlled substances with the intent to sell them. These substances include:
LSD
Heroin
Cocaine
Prescription drugs such as:
Hydrocodone, also known as Vicodin
Oxycodone, also known as Oxycontin
Codeine
& Others
The penal code states that an individual who purchases or possesses these substances with the intent to sell them will be punished by imprisonment pursuant to section 1170 of the penal code for a period of two to four years.
A violation of this penal code can result in jail time up to four years and a fine of up to $20,000. Effective representation can greatly reduce these consequences and is always your best option.
Intent to sell can be proven in a number of ways, but is usually determined by items that can indicate the substance was to be sold.. Examples would be:
Large quantities of a controlled substance
Scales or other tools that would be used to measure out the quantity of a substance
Storage of a narcotic in several different baggies, or bundled in a way for quick distribution, such as balloons, baggies, or bundles.
A large amount of cash, particularly in smaller denominations
Evidence that there is traffic in and out of a location, especially if they are known users of a substance
The prosecution does not need to prove every factor when arguing the intent to sell, but more factors can paint a more complete picture of suspicious activities.
Many people believe that possession is limited to physically holding an item, but the courts can view this much differently.
When talking about possession as a violation of Penal Code 11351, there are a few factors to consider. California law views the concept of possession as dependent on a person’s control over a substance. There are two elements which show possession of a controlled substance:
You knew that the substance was a controlled substance.
You had possession of or partial or full control of the substance
This means that the drug was on your person or with your belongings or that you had direct control over the substance
There are also three different kinds of possession under the law:
Actual Possession- Actual possession is defined as physically holding the item. It means that you actually have the item tucked away in a pocket or are carrying it in a bag.
Joint Possession- Joint possession is possession that is shared between two or more people.
Constructive Possession- Constructive possession suggests the likelihood of guilt and usually relies on circumstantial evidence, such as an individual who keeps a stash in a certain location of their bedroom.
The most effective defense is always reliant on your own personal set of circumstances. Skilled attorneys are experts in crafting a custom defense for your case. Some common defenses used against this charge are:
A lack of knowledge about the narcotic
The discovery of the drugs during an illegal search, such as:
If a search is conducted without probable cause or a search warrant
If a search goes beyond the scope of what a warrant identifies
If a person is illegally detained
Drugs that were for personal use and not for the purpose of sale
The person had a prescription for the substance
The drugs belonged to someone else
If you have been charged with this offense, there are many options available to you.. A skilled attorney can listen to what you are going through and help evaluate your options to tell your story and protect your rights.
Possession of a controlled substance with the intent to sell is a very serious crime that can have lasting impacts on your future and quality of life. If you find yourself charged with Penal Code 11351, you need representation that gives you hope for a brighter tomorrow.
William Kroger has been helping people like you tell their stories for over 20 years. He understands the value of being able to plan your future and has the skills to make it happen.
Whether the charges against you are unjust or whether you’ve simply made a mistake, Contact William Kroger at (323) 655-5700 or online by clicking here. Initial consultations are completely free of charge.
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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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