DRUG OFFENSES
Extensive Experience Defending Against Drug Offenses
There have been some recent changes in California’s drugs laws that demonstrate a preference for rehabilitation over incarceration for drug offenders.
However, voters and legislators enacted these changes in the law over the protest of law enforcement officers and prosecutors, many of whom still process drug offenses quickly and aggressively, charging even non-violent offenders with hefty fines and lengthy prison sentences.
If you are criminally charged with any of the following drug offenses, you should contact an experienced criminal defense attorney who can guide you through the various recent changes in California law regarding drug offenses.
Felony Drug Offenses
The following charges are still prosecuted as felony offenses that result in custody time:
Possession for Sale of a Controlled Substance
- Possession for sale of cocaine, possession for sale of heroin, possession for sale of opiates or fentanyl – Health and Safety Code §11351
- Possession for sale of cocaine base, “crack cocaine” – Health and Safety Code §11351.5
- Possession for sale of methamphetamine, possession for sale of ecstasy (MDMA), psilocybin (psychedelic mushrooms) or LSD – Health and Safety Code §11378
- Possession for sale of phencyclidine (PCP) – Health and Safety Code §11378.5
Penalties for Possession of a Controlled Substance
Simple possession of a controlled substance is generally punished as a misdemeanor. Prior to the passage of Proposition 47 in 2014, possession of a controlled substance was punishable as a felony and could result in a state prison sentence. Proposition 47 reduced the penalty for most defendants but carved out an exception for defendants with prior convictions for sex offenses and certain violent felonies. A defendant whose criminal history includes one of these prior convictions may still be charged with a felony for simple possession of drugs.
Potential Defenses to Drug Offenses
- The defendant was unaware of the presence of the substance
- The defendant possessed the substance for personal use
- Illegal Warrantless Search and Seizure
- Search Warrants issue without Probable Cause
- Search Warrants Obtained by Materially False Statements or Omissions
- Illegal use of Informants
An Experienced Advocate on Your Side
If you are under investigation or accused of a crime, you will need an experienced criminal defense attorney to protect your rights and freedom. With more than 19 years of experience in criminal defense proceedings, David Canty provides strategic representation for clients who are facing drug offense charges.
With offices in Los Angeles County, Riverside County, and San Bernardino County, we provide services in all areas of Southern California.
To schedule your free initial consultation, please fill out this quick online form.
PRACTICE AREAS
HOW CAN WE HELP?
If you or a loved one needs help in one of the following areas, please fill out the form and someone from our office will respond as quickly as possible.
Extensive Experience Defending Against Drug Offenses
There have been some recent changes in California’s drugs laws that demonstrate a preference for rehabilitation over incarceration for drug offenders.
However, voters and legislators enacted these changes in the law over the protest of law enforcement officers and prosecutors, many of whom still process drug offenses quickly and aggressively, charging even non-violent offenders with hefty fines and lengthy prison sentences.
If you are criminally charged with any of the following drug offenses, you should contact an experienced criminal defense attorney who can guide you through the various recent changes in California law regarding drug offenses.
Felony Drug Offenses
The following charges are still prosecuted as felony offenses that result in custody time:
Possession for Sale of a Controlled Substance
- Possession for sale of cocaine, possession for sale of heroin, possession for sale of opiates or fentanyl – Health and Safety Code §11351
- Possession for sale of cocaine base, “crack cocaine” – Health and Safety Code §11351.5
- Possession for sale of methamphetamine, possession for sale of ecstasy (MDMA), psilocybin (psychedelic mushrooms) or LSD – Health and Safety Code §11378
- Possession for sale of phencyclidine (PCP) – Health and Safety Code §11378.5
Penalties for Possession of a Controlled Substance
Simple possession of a controlled substance is generally punished as a misdemeanor. Prior to the passage of Proposition 47 in 2014, possession of a controlled substance was punishable as a felony and could result in a state prison sentence. Proposition 47 reduced the penalty for most defendants but carved out an exception for defendants with prior convictions for sex offenses and certain violent felonies. A defendant whose criminal history includes one of these prior convictions may still be charged with a felony for simple possession of drugs.
Potential Defenses to Drug Offenses
- The defendant was unaware of the presence of the substance
- The defendant possessed the substance for personal use
- Illegal Warrantless Search and Seizure
- Search Warrants issue without Probable Cause
- Search Warrants Obtained by Materially False Statements or Omissions
- Illegal use of Informants
- The defendant sold, gave away or administered a controlled substance, OR transported a controlled substance with the intent to sell it or have someone else sell it.
- The defendant knew that he or she possessed the substance.
- The defendant knew that what he or she possessed was a controlled substance.
An Experienced Advocate on Your Side
If you are under investigation or accused of a crime, you will need an experienced criminal defense attorney to protect your rights and freedom. With more than 19 years of experience in criminal defense proceedings, David Canty provides strategic representation for clients who are facing drug offense charges.
With offices in Los Angeles County, Riverside County, and San Bernardino County, we provide services in all areas of Southern California.
To schedule your free initial consultation, please fill out this quick online form.
PRACTICE AREAS
HOW CAN WE HELP?
If you or a loved one needs help in one of the following areas, please fill out the form and someone from our office will respond as quickly as possible.
