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Los Angeles Drug Sales Defense Lawyers

Drug Selling Charges

Section 11351 of the California Health & Safety Code discusses the offense of drug possession for sale and the corresponding penalties for the crime. California law distinguishes between possession for sale and possession for personal use, with possession for sale carrying stiffer penalties. If you have been charged with a drug sales offense in California, contact an experienced Los Angeles drug crime defense attorney as soon as possible.

Personal Use vs. Sales

The amount of marijuana in your possession and the presence of certain items at your place of arrest help law enforcement officers decide if you intended to use the drugs for personal use or for sales. Possession of a large quantity of drugs, or a large number of separate baggies, balloons or bundles of drugs may lead officers to believe that you intended to sell the drugs, leading to the more serious possession with intent to sell charge. If you have pipes, syringes or other items commonly used to consume a drug, the officers may determine that you did not intend to sell the drugs, but planned to use them yourself. The presence of measuring instruments, drug packaging tools, scales and instruments used to separate drugs may also indicate to law enforcement officers that you intended to sell the drugs.

Drug Selling Defenses

Those charged with drug selling have several possible defenses. Only an experienced drug crime defense lawyer can guide you in choosing the best defense strategy and preparing for court. One way to defend yourself against this charge is by proving a lack of possession. If you were arrested after paying an undercover officer for drugs, but you were arrested before you took possession of the drugs, you may be able to prove that you did not possess the drug.

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In some cases, law enforcement officers violate established search and seizure laws, which could help you build a strong defense against drug selling charges. If a police officer conducts a search without a warrant, conducts a search outside the scope of the warrant or detains you illegally, your attorney may be able to get the charges dropped based on illegal search and seizure.

Although possession for personal use is a crime in California, it is a less serious offense than possession with intent to sell. If you can prove you used the drugs but did not intend to sell them, you may be able to get the charges against you reduced. This improves your chances of getting approved for a drug diversion program. You may want to only use this defense if you cannot prove that you did not possess the drugs.

Penalties for Drug Selling Convictions

Possession with the intent to sell classifies as a felony in California. The penalties imposed for a conviction on this type of charge depend on a number of factors. Defendants without a prior history of drug convictions or drug abuse may be sentenced to probation or a year in county jail. Repeat offenders may face a fine of up to $20,000 and up to four years in state prison. Illegal aliens convicted of possession with the intent to sell may also be deported.

Enhancements

Penalty enhancements add additional fines, jail time or other penalties to your sentence. California uses weight enhancements in determining the sentence for someone convicted of selling cocaine, heroin or cocaine base. If the amount of drug in a defendant's possession exceeds one kilogram, the penalty is an additional three years in prison. The additional penalties increase to five years if you have more than four kilograms, ten years if you have more than 10 kilograms, 15 years if you have more than 20 kilograms and 20 years if you have more than 40 kilograms. The additional penalty for possessing more than 80 kilograms of one of these drugs is 25 years in state prison. Repeat offenders face even harsher penalties.

Aggressive Defense Lawyers On Your Side

Due to the serious nature of a drug selling charge, you should protect yourself by hiring an experienced lawyer to handle your case. The Los Angeles drug sales defense attorneys at Takakjian & Sitkoff, LLP have a track record of success in defending those charged with possession with intent to sell. As lawyers who have experience as former prosecutors and police academy instructors, we have a unique understanding of the law and how to most effectively defend your rights and build a strong case. Call us at 1-866-790-5858 to discuss your case with an attorney at no cost to you.

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