Justia Lawyer Rating
Super Lawyers
American Institute Of Criminal Law Attorneys

Possession With Intent to Sell

Penal Code 11351

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.

California Penalty for Violation of Penal Code 11351

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.

What Counts as Intent to Sell?

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.

Kinds of Possession

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.

Effective Defense Options to Beat this Charge

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.

The Right Defense Attorney in the Los Angeles Area

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.

Client Reviews

"I would highly recommend Mr. Kroger for anyone seeking help in a drug case. He was very helpful at putting me at ease and took care of everything for me in court." Paul
"My first time using an attorney Bill Kroger took care if my issue that could have turned into something much worse in no time. The best." Stephen W
Bill and his team have helped my business tremendously. Friendly and easy to work with. Highly recommend! Ammar