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866-847-7613Drug offenses are one of the most prevalent criminal charges in California. The state's law places a heavy toll on defendants caught in the act. However, there are instances when the allegation placed on you is unjust. You will need a San Francisco drug crime lawyer if this is your case.
The defendant bears the duty of demonstrating their innocence in a drug offense. You have to suffer the penalties accompanying these criminal charges unless you prove your point. These penalties could include long years of imprisonment, hefty penalty fines, and other additional punishments.
In this case, seeking the counsel of an experienced San Francisco criminal defense lawyer is your greatest defense. Our criminal defense attorneys at Summit Defense have the experience built from long years of helping falsely accused clients. Suppose you need the help of our criminal defense attorney. In that case, you need to contact Summit Defense right now for a free consultation!
As mentioned above, California places strict rules on the use and possession of illicit drugs. Every Californian must be aware of these stringent statutes in their state. Knowing these laws will help you prevent committing detrimental drug charges.
A drug-related criminal offense can be a felony or a misdemeanor, depending on the facts uncovered in the case. Your San Francisco drug crime attorney will have to meticulously assess your case to help you set the right expectations for your case. In most cases, owning illegal drugs with the intent to distribute or sell them is a felony offense.
Our San Francisco drug crime lawyers have profound knowledge of all aspects of criminal law. We can help you craft efficient and compelling defense strategies to minimize your penalties or even drop your charges altogether. Call Summit Defense law firm now for further information.
California has a lot of statutes regulating the use of controlled substances. If you receive wrongful accusations of drug crimes, knowing these local statutes can help you. We enumerated below the definition of each statute and its accompanying penalties.
Health and Safety Code 11357 of California Law states that owning marijuana greater than 28.5 grams is a criminal act. Under this law, only adults over 21 can legally own 28.5 grams of dried marijuana or 8 grams of concentrated hashish. Adults owning more than the allowed quantity or minors who have access to this amount of marijuana is breaching the law.
Minors who commit this crime are punished with an infraction. An infraction offense is punishable with drug counseling and community service. In addition, these minors are fined up to $100 for the crime.
Adults possessing marijuana beyond the legal amount are punished with a misdemeanor. A misdemeanor offense for owning marijuana is punishable by six months of jail time. Moreover, they will also have to pay $500 of penalty fines.
Health and Safety Code 11350(a) provides the definition and legal punishment for simple possession. This regulation defines owning illegal drugs such as cocaine, heroin, or Vicodin as a criminal act violating the Health and Safety Code.
Possession charges are usually a misdemeanor. Defendants found guilty of breaching this law are punished by imprisonment for up to one year in county jail. They are also mandated to pay the penalty fines that could reach up to $1,000.
California's Health and Safety Code 11351 makes it a grave offense to own illicit drugs with the purpose of sale. This law extends to illegal street drugs and prescription drugs. The law identifies the intent of selling by checking out the indicia of sale.
The indicia of sale requires the following to be present to incriminate the defendant for selling illicit drugs. Enumerated below are the constituents of indicia of sale:
Seeling illegal substances is always a felony offense in the state. If a defendant is indicted for this crime, they are punished by up to four years of imprisonment. Moreover, they are also required to pay a penalty fine amounting to $20,000.
California's Health and Safety Code 11364 makes it a criminal act to own drug paraphernalia. Drug paraphernalia is any devices or instruments used to take illicit drugs. This could be a methamphetamine pipe, cocaine spoon, or even a general use syringe.
Possessing drug-related instruments is a misdemeanor offense in California. A defendant found with this equipment is punished with six months of jail time and up to $1,000 penalty fines. In addition, a professional who breaches this law may have their license suspended for an indefinite amount of time.
HS 11358 under California Law allows adults to cultivate or grow six marijuana or hashish plants for recreational use. However, exceeding this specified amount will result in a misdemeanor offense. The law may be slightly different when the defendant grows marijuana for medical use.
A defendant growing marijuana for their medical condition can cultivate up to six mature cannabis plants and 12 immature cannabis plants. However, this may differ depending on the doctor's prescription and the patient's medical needs.
Adults who violate this will be imprisoned for up to six months and pay $500 penalty fines. On the other hand, if the person charged with illegal cultivation is a minor, they will receive an infraction instead of a misdemeanor. An infraction is punishable by community service and a $100 fine.
HS 11360 under California Law makes it a crime for anyone to partake in the movement of illegal drugs within the state. Selling or transporting unauthorized drugs is not allowed according to this law. The movement of illicit substances globally is referred to as drug trafficking.
As stated under this statute, violating this law is a wobbler offense. Offenders who committed felonies in the past will receive a felony conviction for transporting illicit drugs. In most cases, importing illegal substances is a misdemeanor offense.
Defendants with a misdemeanor offense are imprisoned in county jail for up to six months. They are also fined a maximum amount of$500. On the other hand, felons are punished with up to four years of imprisonment and fined up to $10,000.
Health and Safety Code 11377(a) indicated that owning methamphetamines without authorization is illegal. Following the law of simple possession, owning illicit narcotics is a misdemeanor offense under California law. Individuals who possess meth are punished with one year of imprisonment and fined a maximum amount of $1,000.
Business and Professions Code 4060 makes it unlawful to obtain controlled drugs without an appropriate prescription. Abusers usually misuse prescription drugs such as opioids, sedatives, and meth. Controlled substances need to have an accompanying prescription from a licensed doctor before the patient can start taking these medicines.
In most cases, possessing controlled drugs without a prescription is a misdemeanor offense. However, if a defendant has previous felony convictions, their offense will propel as a felony. Violators are punished with up to three years of imprisonment. They will also have to pay $1,000 in penalty fines.
California has innumerable laws preventing illicit substances' use, sale, and owning. Here are other statutes in California addressing the use and movement of controlled drugs:
Even if you are receiving charges for drug crimes, you can employ many defense strategies depending on the nature of your situation. Drug-related crimes will leave a permanent criminal record under your name, so you must find an effective San Francisco drug crimes lawyer to represent your case.
Here are some defense strategies your party can use for your drug charges:
The Drug Enforcement Administration or DFA investigates drug crimes at the federal level. You must hire a San Francisco drug defense lawyer who has experience dealing with state and federal charges.
When it comes to illicit drug charges, the punishments might be harsh. Suppose you have been arrested in San Francisco for a drug felony. In that case, you must obtain legal assistance from a knowledgeable San Francisco drug possession lawyer. Summit Defense Drug Defense Attorneys can defend you aggressively and safeguard your rights.
Summit Defense is a criminal defense legal company specializing solely in criminal defense. We have a posse of competent and aggressive attorneys well-versed in all aspects of the law. Our renowned law firm has a proven track record of successfully defending clients accused of drug offenses. We understand the law and the system, and we will fight for you.
Drug charges are severe criminal cases. These drug cases need an efficient and seasoned team of criminal defense lawyers. At Summit Defense, we can help you guarantee that we will handle your case and tackle its problem points effectively. You should call our law offices now if you want an effective case representation!
Reach us by calling (415) 666-2316. Clients also can submit their cases online by accomplishing our online contact form on this page.
Rabin Nabizadeh is a dedicated criminal defense attorney with extensive experience in both Federal and State courts. He has successfully represented clients in cases ranging from Misdemeanor DUI and Theft to serious felonies such as Grand Theft, Burglary, Sex Crimes, and Murder. Notably, Mr. Nabizadeh possesses a unique understanding of Immigration Law, allowing him to adeptly navigate cases with both criminal and immigration consequences. Fluent in Hebrew and Farsi, he also enjoys playing classical guitar in his spare time.
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