Criminal Defense Attorneys        909-913-3138

      24hrs - 7days  Free Consultations   DUI Crimes              Se Habla Español
 
 

California Drug Crime Defense

HS 11350(a) & 11351

There are many drug crimes in California. Perhaps the two most common drug crimes are possession of a controlled substance charged as HS11350(a), and possession of a controlled substance for sale charged as HS11351-F.

HS 11350(a) Law Abbr.

Every person who possesses a controlled substance without a prescription is guilty of Health & Safety Code section 11350(a). A controlled substance includes, but is not limited to: Codeine, Hydrocodone, Morphine, Oxycodone, Heroin, Cocaine, Norco, Vicodin, Oxycontin, MDMA, Mescaline, Methamphetamine, LSD, DMT, Ecstasy, Molly, Mushrooms, PCP, and more.

Note: There are enhanced penalties for possessing over a certain amount of drugs. The penalties increase as the amount in possession increases.

Possession of drugs may be actual or constructive. Actual possession means that the defendant has the drugs on his or her person or within his or her immediate control such as in the glove box of his or her car. Constructive possession means that the defendant does not have the drugs on his or her person but has the authority to control the possession of the drugs such as having drugs at his or her house. This means that the defendant does not necessarily need to be caught red-handed with drugs in his or her immediate possession in order to be charged with possession of a controlled substance under HS 11350(a).

For example, if drugs are found at the defendant's home while the defendant is not home then the defendant may be in constructive possession of the drugs.

HS 11351 Law Abbr.

Every person who possesses for sale, or purchases for purposes of sale, any controlled substance, is guilty of Health and Safety Code section 11351. A controlled substance includes, but is not limited to: Codeine, Hydrocodone, Morphine, Oxycodone, Heroin, Cocaine, Norco, Vicodin, Oxycontin, MDMA, Mescaline, Methamphetamine, LSD, DMT, Ecstasy, Molly, Mushrooms, PCP, and more.

Sentence for HS 11350(a) & 11351

HS 11350(a) Possession of a controlled substance is charged as a misdemeanor. Before proposition 47 was implemented HS 11350(a) charges could have been filed as felonies. Now, any prior felony conviction of HS 11350(a) may be reduced to a misdemeanor. 

If found guilty of HS 11350(a), Possession of a controlled substance, the defendant may face up to one year in the county jail. However, most jail sentences for HS 11350(a) violations are now served on work release or electronic monitoring (house arrest). Misdemeanor probation (aka summary or informal probation) with, or without work release or house arrest, is a common sentence for first time offenders of HS 11350(a) convictions.

If found guilty of HS 11351 Possession for sale of a controlled substance, the defendant could face up to four years in county prison. HS 11351 is only charged as a felony. A suspended sentence or a split sentence is available in some possession of a controlled substance cases. A suspended sentence is a prison sentence that is not served unless the defendant violates terms of formal probation. A split sentence is a sentence that is served partially in prison and partially out of prison (See PC 1170h Sentencing).

Non Three Strike Offense

Neither possession of a controlled substance charged as HS 11350(a), nor possession of a controlled substance for sale charged as HS 11351 is considered a strike offense under California's Three Strikes Sentencing Law. Neither crime is considered a serious or violent offense under California law. If the defendant serves any actual jail or prison time he or she is entitled to fifty percent (50%) credit off his or her sentence for good behavior while in jail or prison. Additional credits off a jail or prison sentence may be earned pursuant to prop 57. (See Prop 57).

Collateral Punishments

In addition to any possible jail or prison sentence, other punishments for both HS 11350(a) and 11378 convictions include: monetary fines and fees, enhanced penalties for future crimes,  immigration consequences for non U.S. citizens, professional licensing consequences for licensed professionals, stay-away orders (restraining orders), registration as a drug offender, with local authorities, firearm prohibition (for HS 11378 convictions), possible mandatory narcotics classes (NA classes), possible loss of rights in family court, harsh probation or parole terms, and more.

Defense to HS 11350(a) & 11351

Defenses to California drug crimes are as varied and numerous as the number of drug crimes themselves. The most common defenses to possession of a controlled substance (HS 11350(a)), and possession of a controlled substance for sale (HS 11351), include: insufficient evidence to prove a usable amount of a controlled substance, insufficient evidence to prove possession or sale, mistake of fact, statute of limitations, coerced confessions, police misconduct, illegal search and seizure issues, entrapment, and more. Plea bargains for lesser charges or drug treatment programs as an alternative to jail may also be available.

In some HS 11350(a) or 11351 drug cases it may be possible to have the charges dismissed or reduced depending on the facts of the case.

To learn more about possession of a controlled substance (HS 11350(a)), and possession for sale of a controlled substance (HS 11351), contact our criminal defense attorneys today for a free consultation. Our drug defense attorneys are successful and experienced and we are available 24/7 to answer all of your questions. Call today!

909.913.3138

Drug Crimes Defense Attorneys

909.913.3138

HS 11350(a)-M & 11351-F

Free Consultations 24hrs / 7days

Se habla espanol / Abogados de defensa criminal

All Drug Crimes, Including

  • HS11378-F Possession Controlled Subst For Sale
  • BP 4060 Possession of Controlled Substance
  • BP 4324(a) Forgery of prescription
  • HS 11350(a)-M Possession of Controlled Substance
  • HS 11350(b) Possession of Depressants
  • HS 11351-F Possess Controlled Substance for Sale
  • HS 11352(a) Sale of Controlled Substance
  • HS 11357(a) Possession of Concentrated Cannabis
  • HS 11364 Possess paraphernalia for Unlawful Use
  • HS 11368 Generate/Use forged/Altered Prescription
  • HS 11378 Possess Controlled Substance for Sale
  • HS 11378.6(a) Manufacture Controlled Substance
  • PC 626.85(a) Drug Offender on School Grounds

Drug Defense Attorneys, Serving

San Bernardino County

San Bernardino, Rialto, Colton, Fontana, Rancho Cucamonga, Redlands, Yucaipa, Victorville, Hesperia, Highland, Upland, Montclair, Chino, Ontario, Big Bear

Riverside County

Riverside, Eastvale, Palm Springs, Corona, Banning, Beaumont, Hemet, Perris, Norco, Moreno Valley

Los Angeles County

Los Angeles, Pomona, West Covina, San Dimas, LaVerne

Drug Defense Attorneys

909.913.3138

HS11350(a) & HS11351-F Crimes

Free Consultations 24hrs / 7days

Se habla espanol / Abogados de defensa criminal


California Drug Crimes Health & Safety Code Sections HS11350(a)-M & HS11351-F. 

Criminal Defense Attorney

.

 
 
 
 
 
 

Law Office of Christopher Dorado 1030 Nevada Street. Suite 105 Redlands, CA. 92374