Sale Of A Controlled Substance Attorney Los Angeles

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Sale of a Controlled Substance Attorney Los Angeles

If you or a loved one has been charged with sale of a controlled substance, you should immediately contact a sale of a controlled substance attorney at The H Law Group. Our drug crimes attorneys have the knowledge and experience necessary to achieve the best possible outcome for you. You should not take a selling drugs or controlled substances charge lightly as it carries a maximum jail sentence of three years. So, if you’ve been charged with it and don’t want to end up in jail, you should contact one of the drug crime attorneys at The H Law Group to represent you, fight for you, and keep you out of jail.

WHAT CONSTITUTES “SALE OF A CONTROLLED SUBSTANCE?”

Under California Health and Safety Code Section 11352, for the prosecution to convict an individual of selling a controlled substance, it must prove the following elements beyond a reasonable doubt:

  • The defendant sold, transported, gave away, or imported,
  • A controlled substance,
  • In or into the State of California,
  • The defendant knew that he had a substance, and
  • The defendant knew the substance he had was a controlled substance

WHAT CONSTITUTES A CONTROLLED SUBSTANCE UNDER HC 11352?

Under 11352 HC, the following substances are considered to be “controlled substances:”

  • Cocaine
  • Fentanyl
  • Morphine
  • Oxycodone
  • Methamphetamine
  • Meth
  • Heroin
  • Ecstasy
  • Codeine
  • Opiates
  • LSD
  • Peyote
  • Anabolic Steroids
  • Xanax
  • Valium

No matter the amount of drugs that you sold, so long as you sold or transported drugs intending to sell them, you can be convicted. HSC 11352 applies to the sale and importation of the drugs listed above. The only requirement that the prosecution must show is that the defendant had a usable amount of the drug, meaning something more than just races of the drug. If there is enough of the drug to be used, the requirement is met and you can be convicted of selling or transporting drugs. The penalties for being convicted of possessing drugs to sell them is much tougher than being convicted for simple drug possession. As such, if you’ve been charged with or arrested for selling drugs, you should immediately contact a sale of drugs attorney at The H Law Group to represent you. Our drug crime attorneys have represented countless clients charged with selling drugs, so we know exactly how to approach and handle your case to achieve the best possible results for you.

PENALTIES FOR THE SALE OF NARCOTICS

If you’ve been convicted of the sale of narcotics or controlled substances, then you know that it is a felony conviction that carries a maximum prison sentence of five (5) years, that can be extended under certain circumstances. Also, the government can impose a fine of up to $20,000 upon those convicted of felony narcotics sales. So what can increase your prison sentence over the maximum of five years? If you transported drugs over multiple county lines, your prison sentence might be increased. Also, the quantity of the drugs you’ve transported can add more time to your prison sentence, as well as increased fines. So, if you’ve been charged with the sale of narcotics or the sale of drugs, you should immediately contact a narcotics attorney at The H Law Group to represent you. Our attorneys have a ton of experience handling drug cases, and so they will do all that they can to have the charges against you dismissed, or negotiate a favorable plea deal for you.

DEFENSES FOR THE SALE OF DRUGS

There are a number of defenses that your attorney can make to defend you from a charge of the sale of drugs or controlled substance, here are a few of them:

  • You did not know that the substance you sold was a controlled substance
  • You did not know that you possessed a controlled substance
  • The drugs that you had were not for sale and were for personal use
  • The drugs were uncovered as a result of an unlawful search and seizure and should therefore not be used as evidence
  • The amount of drugs was not of a usable amount

HIRING A DRUG DEFENSE ATTORNEY

If you or a loved one has been charged with selling drugs or selling a controlled substance, you should immediately contact a drug defense attorney from The H Law Group to represent you. Hiring an attorney as promptly as possible is the best thing you can do because your attorney will have sufficient time to prepare his arguments for the prosecution. Also, once you’ve hired an attorney, he can begin to examine the evidence the prosecution has against you, and can then begin to develop a defense strategy.

So, if you’ve been charged with the sale of a controlled substance, contact the best drug crime defense lawyers at The H Law Group to represent you. Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404.


Frequently Asked Questions

How does intent to sell differ from simple possession?

Intent to sell involves possessing a controlled substance to distribute it, which can be inferred from factors like the quantity of drugs, packaging materials, or large amounts of cash. Simple possession is having a small amount for personal use.

Can a charge be reduced from sales to possession?

Yes, an attorney may be able to negotiate a reduction in charges from intent to sell to simple possession, especially if there is insufficient evidence to prove that the drugs were meant for distribution.

What are the defenses for a charge of selling a controlled substance?

Common defenses include unlawful search and seizure, lack of knowledge, entrapment, or proving that the substance is not controlled. An attorney will evaluate the case for any procedural errors or rights violations.

Can a sale of controlled substances charge be dismissed?

Yes, a case may be dismissed if there is insufficient evidence, constitutional violations during the arrest, or how evidence was collected. A skilled attorney can identify weaknesses in the prosecution's case.

How does a controlled substance charge affect my professional license?

A conviction for selling a controlled substance can have serious consequences for professional licenses, especially in healthcare, education, or law enforcement. An attorney may help negotiate for lesser charges to minimize the impact on your career.

Can I avoid jail time if convicted of selling a controlled substance?

Drug treatment programs, probation, or house arrest may be available for first-time offenders or in cases involving small quantities. An attorney can advocate for reduced penalties based on your circumstances.

Are there enhanced penalties for selling drugs near schools?

Yes, many states impose harsher penalties for drug sales near schools, playgrounds, or other areas where children are present. These can include increased fines and mandatory minimum sentences.

More questions?

The FAQs are generic and the details may change according the the specifics of your case, that's why at the The H Law Group, we offer free consultations. Book your free consultation now!