Los Angeles Drug Crimes Defense Lawyer
Drugs and other substances with high rates of abuse and dependency are considered more dangerous than those with low rates, so they are punished more harshly. Los Angeles drug crimes penalties are determined by several factors, including which drug you were arrested for possessing, the amount of that substance found on your person or in your vehicle during a traffic stop; whether you intended to sell the illegal substance (and if so how much); and any prior criminal history. In November 2014, Prop. 47 passed in California and changed the way drug offenses were treated by state law enforcement agencies: controlled substances like Meth, Cocaine and Heroin became misdemeanors instead of felonies. Los Angeles drug crime attorney Cyrus Tabibnia who has the knowledge and experience to fight drug crime cases. Once he closely examine all the facts surrounding your case, he will prepare an aggressive defense strategy and help you get charges dismissed.
In many states, you can earn the dismissal of your drug or narcotics crime by successfully completing a drug diversion program.
However, not all drug crimes are eligible for drug diversion in Los Angeles. Drug crimes involving allegations of possession with intent to sell and sales—as well as transportation with the intent to sell—are ineligible for these programs because they fall under “straight” felonies category.
Los Angeles and Southern California drug crimes includes:
- Possession of drug paraphernalia
- Possession Of Marijuana
- Possession of a narcotic
- Possession Of Cocaine
- Possession Of Heroin
- Possession Of “Meth”
- Possession Of Prescription Drugs Without Prescription
- Possession of Concentrated Cannabis (Misdemeanor or Felony)
- Possession for Sale of a Controlled Substance
- Transportation of a Controlled Substance
- Transportation for Sale of a Controlled Substance
- Sale or Furnish a Controlled Substance to a Minor
- Selling a Substance in Lieu of a Controlled Substance
Possession Of Marijuana | HS 11357
If you are arrested or cited for marijuana possession, the penalties will depend on your prior criminal record, how much marijuana you had in your possession at the time of arrest and whether it was on a school campus.
Possession of Under 28.5 oz of Marijuana (Infraction) – HS 11357(b)
- Up to $100 fine
- Court ordered drug education class or program
- No criminal record
Possession of Over 28.5 oz of Marijuana (Misdemeanor) – HS 11357(c)
- Up to 6 months in LA County Jail
- Up to $500 fine
- Summary probation
- Community service/labor
- Court ordered drug education program
- Criminal record
Possession of Concentrated Cannabis (Misdemeanor or Felony) – HS 11357(a)
- Up to 1 year in LA County Jail (Misdemeanor) or up to 3 years in California State Prison (Felony)
- Up to $500 fine
- Summary or formal probation
- Community service/labor
- Court ordered drug education program
- Criminal record
Possession Of Cocaine | HS 11350
Cocaine is one of the most highly addictive controlled substances—and it’s prosecuted aggressively in Los Angeles. If you’re charged with possession of cocaine and a loaded firearm, your punishment could be enhanced.
A good Los Angeles drug crimes lawyer can help you get a favorable outcome for your case by negotiating a diversion agreement. If you are convicted of simple possession of cocaine, here is a list of consequences:
- You can receive up to one year in the Los Angeles County Jail (misdemeanor) or three years in California State Prison (felony).
- First offense: Up to $1,000 fine. Second offense: Up to $2,000 fine.
- Summary or formal probation
- Community service/labor
- Drug education program imparted by the court
Criminal record
Felony Possession of Cocaine with a Loaded Firearm – HS 11370.1
- 4-year sentence in California State Prison.
- Formal probation
- Community service/labor
- Drug rehabilitation program mandated by the court
- Losing the right to own firearms
Criminal record
Possession Of Heroin | HS 11350
As a result, drug charges involving Heroin—particularly those related to possession for sale under the California Health and Safety Code 11351—are prosecuted aggressively by prosecutors.
Although Prop 47, decriminalized simple possession of heroin as a misdemeanor offense for most people with no prior serious felonies or sex offenses on their records. However if you have a prior aggravated felony and/or are registered as a sex offender then prosecutors may re-open your case to pursue felony drug charges against you.
In many cases involving heroin possession, an additional charge of possession of drug paraphernalia under HS 11364(a) is brought against the defendant. Smoking devices or hypodermic needles are often seized along with controlled substances during arrests—so these items may be used as evidence in court.
If you qualify, your criminal defense lawyer can ask the court to negotiate drug diversion for you. This would allow you to avoid prison time and keep a clean record.
Possession of heroin and paraphernalia are both drug offenses that may be eligible for diversion in Los Angeles and California, whereas possession of heroin with intent to sell or distribute is not. If you are charged with simple possession of Heroin, you may face the following penalties:
- The maximum sentence for a misdemeanor is one year in county jail, whereas the maximum sentence for a felony is three years in state prison.
- First offense, a fine up to $1,000; second offense—a fine up to $2,000.
- Summary or formal probation
- Community service/labor
- Drug education program ordered by the court.
- Criminal record
Possession Of “Meth” | HS 11377
Because methamphetamine is a “wobbler,” or can be prosecuted as either a felony or misdemeanor offense, possession of it can result in harsh repercussions if convicted. However, Prop. 47 has reduced most Meth possession charges to misdemeanor drug crimes; only those with criminal records of serious prior felonies or who must register as sex offenders face felony charges for this offense.
If you have been arrested and charged with possession of meth for the first time, it may be possible to avoid jail time by completing a drug diversion program. These are the potential penalties that you could face if caught in possession of Meth:
- Up to 1 year in LA County Jail (Misdemeanor) or up to 3 years in California State Prison (Felony)
- Up to $1,000 fine
- Summary or formal probation
- Community service/labor
- Court ordered drug education program
- Criminal record
Possession Of Prescription Drugs Without Prescription | BP 4060
Los Angeles treats possession of prescription drugs without a prescription as a misdemeanor offense—just like the possession of Cocaine, Heroin, and Meth. If you are a registered sex offender or have prior serious felony convictions, however, it is possible that your charges could be escalated to felonies. If charged with BP 4060, Punishments for violating this rule include:
- Up to 1 year in LA County Jail (Misdemeanor) or up to 3 years in California State Prison (Felony)
- Up to $1,000 fine
- Summary or formal probation
- Community service/labor
- Court ordered drug education program
- Criminal record
Contact Los Angeles Drug Possession Lawyer
- Drug Possession Attorney
- Medical Marijuana
- Los Angeles Cocaine Defense Attorney
- Los Angeles Heroin Attorney
- Manufacturing a Controlled Substance in Los Angeles
- Los Angeles Methamphetamine Attorney
- Possessing Drug Manufacturing Materials in Los Angeles
- Possession for Sale of a Controlled Substance in Los Angeles
- Los Angeles Prescription Drug Attorney
- Selling Synthetic Stimulant Compounds in Los Angeles
- Drug Entrapment in Los Angeles
- Possession for Sale of Methamphetamine in Los Angeles
- Possession of Drug Paraphernalia in Los Angeles
- Possession of Methamphetamine in Los Angeles
- Sale or Transportation of a Controlled Substance in Los Angeles
- Selling Marijuana to a Minor in Los Angeles
- Selling or Transporting Methamphetamine in Los Angeles
- Selling Synthetic Marijuana in Los Angeles
- Under the Influence of a Controlled Substance Attorney