Drug crimes in California are categorized into three main types: possession, distribution, and manufacturing. Each category varies in severity and possible penalties. Your Folsom drug defense attorney will ensure you fully understand your charges and legal options.
Drug possession is the act of having a controlled substance without a valid prescription or authorization. The charge’s severity depends on the drug’s type and quantity, as well as the defendant’s prior criminal history.
Simple possession of a controlled substance (California Health and Safety Code Section 11350(a) HS) is the least serious drug possession offense, typically involving small amounts of drugs for personal use. It is generally considered a misdemeanor.
This charge (California Health and Safety Code Section 11351 HS) is more serious than simple possession and indicates that you possessed the drugs with the intent to distribute them. PWIS is typically a felony offense.
Distribution of a controlled substance involves the sale, transportation, or delivery of a controlled substance. The severity of the charge depends on the type and quantity of the drug and how it was distributed.
This charge involves selling or transporting a controlled substance for money or other consideration. It is typically a felony offense.
Manufacturing of a controlled substance is the process of producing or creating a controlled substance. This is typically a very serious offense, as it involves the production of illegal and dangerous substances.
This charge (California Health and Safety Code Section 11379.6 HS) involves the actual production or creation of a controlled substance. It is typically a felony offense.
This charge (California Health and Safety Code 11366 HS) involves operating or maintaining a place where controlled substances are manufactured, sold, used, or given away. It is typically a felony offense.
In addition to these three main categories, there are many other drug-related offenses in California, such as:
The criminal penalties for drug crimes in California vary widely. Some crimes are misdemeanors with lower-level penalties, some are felonies with significant penalties, and others are considered “wobblers.”
A wobbler is a special class of crime that can be charged and punished as either a felony or a misdemeanor. The prosecutor decides whether to charge a wobbler as a felony or a misdemeanor, and the judge has the discretion to sentence a defendant with a wobbler conviction to either felony or misdemeanor penalties.
A standard misdemeanor conviction can result in the following penalties:
A gross misdemeanor conviction can result in the following penalties:
A felony conviction could result in serious penalties that will impact your entire life, including:
"Mr. Walsh is a great attorney with in depth knowledge on how to navigate the local court system. I recommend him to all the people in the local area who needs a good attorney."
There are many reasons why you should hire a Folsom drug crimes lawyer from Walsh Law if you have been arrested or charged with a drug crime.
Drug crimes lawyer Chris Walsh has experience with specific California laws that are ever-changing. He can apply those laws to your case and get the best outcome possible.
Chris is skilled at negotiating with prosecutors to reduce the charges against you or get you a lighter sentence. He may also be able to get you into a diversion program and help you avoid a criminal conviction.
If your case goes to trial, Chris Walsh and his legal team will be able to represent you in court and protect your rights. They will present evidence and argue on your behalf.
Every case is unique and needs a strategic defense strategy. The defense attorneys of Walsh Law will creatively develop an aggressive defense that targets the evidence against you.
We may argue one or a combination of:
First, you should remain calm and do not resist arrest. You should also politely decline to answer any questions from the police without an attorney present.
Once you are booked into custody, you will have the opportunity to make a phone call. You should contact an experienced drug crimes attorney as soon as possible.
Drug crimes can be expunged in California under certain conditions. To be eligible for expungement of a drug crime in California, you must meet the following requirements:
A drug crimes conviction can have several collateral consequences, which are the legal or social repercussions of a criminal conviction beyond the direct punishment of the crime itself. These consequences can significantly impact a person's life, making it difficult to find employment, housing, education, and other opportunities.
You may also lose your right to vote and gun rights if you are convicted of a felony offense. If you are not a U.S. citizen, you may be deported or have other serious immigration consequences.
Some drug crimes, such as simple possession, are rarely prosecuted in California. While others, such as drug manufacturing, are harshly punished. Folsom drug defense lawyer Chris Walsh understands how to work with prosecutors because he was one. However, today he is dedicated to defending people like you who need a lending hand through the California criminal justice system.
Contact Walsh Law as soon as possible to maximize your chances of getting the best outcome possible. Contact us today at 916-237-8270 to schedule an initial consultation.