The state of California implemented a slew of measures to keep the peace by limiting the movement of illicit substances within the state. Summit Defense’s drug crime attorneys have helped countless defendants in the past, and we can assist you too!
Drug-related crime has one of the worst penalties in California. As a defendant, you must demonstrate your innocence in court. Otherwise, you will have to face the repercussions of the offense you have been charged with. Hiring an expert Oakland drug crime lawyer will help you avoid this.
Summit Defense’s attorneys have extensive experience in criminal defense. Every member of our team has extensive expertise in skillfully defending clients charged with drug charges. Our Oakland drug offense attorneys are committed to assisting clients in avoiding these penalties through intelligent case management.
COMMON LEGAL DEFENSES AGAINST DRUG CRIME CHARGES IN OAKLAND
California drug crimes are one of the toughest to defend. The prosecutor will bestow punishments depending on the facts collected by law enforcement. It’s essential to hire Oakland criminal defense attorneys to help you create customized legal defenses.
Here are some of the best legal defenses we can use for your case:
- Medical necessity. In many drug criminal instances, the defendant claims to have a medical prescription for the controlled substance. Medical condition legal defense may demonstrate that you received a legitimate prescription from a licensed physician and conform to state regulations.
- Unlawful arrest. Suppose the arresting officer had no reasonable cause to arrest you and search your property. In this case, you can argue that the allegation is unlawful.
- Lack of solid evidence. This defense may be applicable if the prosecutor cannot provide the alleged illegal drugs or paraphernalia. The lack of sufficient evidence to convict you may be the grounds to dismiss your drug crimes.
Most law offices provide generic defense, but not with us. We will carefully assess your charges and devise a unique and effective defense.
THE MOST COMMON DRUG CHARGES OUR OAKLAND CRIMINAL DEFENSE LAW FIRM HANDLES
California has several statutes that govern the usage of restricted drugs. Our firm covers a wide range of drug offenses. Knowing these local regulations might aid you if you are wrongfully accused of a drug offense.
Depending on the facts surrounding the drug crime, the usage of controlled substances might be a federal crime. Our Oakland drug lawyer is well-versed in state and federal law about the usage of illicit drugs.
Each statute’s definition and associated penalties are listed here.
HS 11357 – POSSESSION OF MARIJUANA
According to Health and Safety Code 11357 of California Law, possessing more than 28.5 grams of marijuana is a criminal offense. Individuals over 21 are permitted to have 28.5 grams of dry marijuana or 8 grams of potent hashish under this regulation. Adults who possess more than the allowable amount of marijuana or kids who have access to this amount violate the law.
A first-time offense is penalized by drug therapy and community service. Furthermore, young juveniles face fines of up to $100 for the crime.
Adults who have more than the permitted quantity of marijuana are charged with a misdemeanor. Possession of marijuana is a minor infraction punished by up to six months in prison. They will also have to pay $500 in penalty charges.
HS 11358 – CULTIVATION OF MARIJUANA
California law enables people to produce or grow six marijuana or hashish plants for recreational purposes under HS 11358. However, exceeding this limit becomes a criminal violation. The law may be slightly different when the defendant produces marijuana for medical purposes.
A defendant who grows marijuana for medical purposes may grow up to six mature cannabis plants and 12 immature cannabis plants. This may vary based on the doctor’s prescription and the patient’s medical needs.
Adults who breach this will be imprisoned for up to six months and fined $500. If the individual accused of unauthorized cultivation is a juvenile, they will receive an infraction rather than a misdemeanor. A violation is penalized by community service and a fine of $100.
HS 11350 – POSSESSION OF COCAINE
The definition and legal penalties for simple drug possession are outlined in Health and Safety Code 11350. This law defines the possession of illicit substances such as cocaine and other restricted substances. Cocaine is classified as a Schedule II substance under California law.
Possession charges are often classified as a misdemeanor. If convicted, defendants guilty of violating this statute face up to a year in county jail. They are also required to pay penalty fees that might reach $1,000.
HS 11350 – POSSESSION OF HEROIN
Under the same law, HS 11350, simple possession covers owning recreational heroin. Possession of heroin shares the same punishments as possessing cocaine and other controlled drugs. The maximum legal punishment is a year in county prison and a fine of $1,000.00. Most first-time offenders can drop their charges if they complete a drug diversion program.
HS 11377 – POSSESSION OF METH
It is a criminal act to possess methamphetamines without a permit, according to Health and Safety Code 11377. According to the legislation of simple possession, owning illegal drugs is a misdemeanor offense in California. Individuals found in possession of meth face a year in jail and a maximum fine of $1,000.
HS 11364 – POSSESSION OF PARAPHERNALIA
According to Health and Safety Code 11364, it is prohibited for anybody to possess drug paraphernalia. In California, this is a misdemeanor violation. Outlaws will face up to 6 months in prison and a fine of up to $1,000.
HS 11350(a) – POSSESSION OF A CONTROLLED SUBSTANCE
Illegal possession of a controlled drug is a misdemeanor under California Health and Safety Code 11350(a) HS. The United States defines controlled substances as any unlawful illicit street drug. In addition, some prescription medications without a valid prescription are covered under this law.
HS 11379.6 – MANUFACTURING A CONTROLLED SUBSTANCE
The development or manufacturing of unlawful chemicals is a severe crime under California law, according to Health and Safety Code 11379.6. Ecstasy, heroin, cocaine, and opiates are some of the most widely created illegal compounds. This criminal action is punishable by up to three, five, or seven years in jail or detention.
HS 11352 – SALE OR TRANSPORTATION OF A CONTROLLED SUBSTANCE
Any individual who transports illicit substances is a felony under California’s Health and Safety Code 11352. In the state, this is a felony conviction. On a bigger scale, international transport of illicit drugs is referred to as drug trafficking.
Furthermore, violators can be imprisoned for up to 9 years and must pay a maximum penalty of $20,000. Transportation of illicit substances is a heinous drug case. It would be best to contact an Oakland criminal defense lawyer to evaluate your case.
BP 4060 – POSSESSION OF PRESCRIPTION DRUGS WITHOUT PRESCRIPTION
It violates Business and Professions Code 4060 to get controlled medications without a valid prescription. Prescription medicines such as opiates, sedatives, and meth are commonly abused. Before a patient can take controlled medications, they must receive a prescription from a registered doctor.
Possession of restricted substances without a prescription is usually a misdemeanor violation. If a person has a prior felony conviction, their offense will be prosecuted as a felony. Outlaws are sentenced to up to three years in jail. They will also be required to pay $1,000 in penalty fees.
CONTACT AN OAKLAND DRUG DEFENSE ATTORNEY IF YOU’RE ACCUSED OF A DRUG CRIME IN OAKLAND
The criminal justice system surrounding drug cases is vast and complicated. It’s essential to hire an Oakland drug crime attorney who has profound experience handling numerous legal issues. Our Oakland drug defense lawyer provides free initial consultation and vetted legal advice.
Summit Defense can help you prevent severe penalties for such criminal charges. We have extensive experience helping defendants stand up for their drug cases.
If you’re facing drug charges, contact our Oakland drug crimes lawyer for a free consultation protected by an attorney-client relationship. Contact our criminal defense lawyer now by calling (510) 877-8356. Alternatively, you can also submit your case details by filling out our contact form on our contact page.