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Possession Of Drugs With Intent To Sell Lawyer Orange County
Possession of Drugs with Intent to Sell Laws Orange CountyFirst, let the top Possession of Drugs with Intent to Sell Lawyers in Orange County give you the relevant law. The relevant portion of the law that is applicable to Possession of Drugs with Intent to Sell in Orange County is summarized below. However, the full text of the Possession of Drugs with Intent to Sell laws in Orange County can be found in California Health and Safety Code Sections 11351, 11359, and 11378. To prove that the defendant is guilty of Possession of Drugs with Intent to Sell, the Prosecutor must prove that:
- the defendant knowingly possessed (either actual, shared, or constructive possession),
- a usable amount,
- a drug (most illicit and some prescription drugs),
- knowing of the drug’s illicit nature or controlled status, and
- with the intent to sell the drugs to another person.
Reducing A Possession Of Drugs With Intent To Sell Charge To A Lesser CrimeCircumstances may allow the Prosecutor to charge you with Simple Possession of Drugs, rather than Possession of Drugs with Intent to Sell. These circumstances may include that you have no record, the amount of drugs was minimal, there was no actual sale, or other circumstances of your case. Our attorneys may be able to show that your Felony Possession of Drugs with Intent to Sell charge should be reduced to an Infraction or Misdemeanor Simple Possession charge. Call today for a free and confidential initial consultation. We can go over the facts of your case and help you understand the possible outcomes, and possible strategies for successfully getting your case reduced or dismissed. The Atias Law Firm, located in Orange County, aggressively challenges the factual circumstances of your case. If we can show that you did not possess the drugs, or did not possess the drugs with intent to sell them then we may be able to get your charges reduced.
Will I Go To Jail?
Possibilities & Penalties For Possession of Drugs with Intent to Sell in Orange CountyPossession of Drugs with Intent to Sell is always a felony, meaning that it is punishable by time in state prison and substantial fines. Possession of Drugs with Intent to Sell may result in a sentence ranging from two to four years in jail and a $20,000 fine. Possession of Marijuana with Intent to Sell is punishable by between 16 months and three years in county jail. If you are charged with Possession of Drugs with Intent to Sell then you may be eligible for a diversion program. The diversion program should keep you out of jail, and a the end of the program the charges against you will be dismissed. As detailed below, your case may be reduced to a lower crime, or your case may be dismissed.
Possession of Drugs with Intent to Sell Defenses in Orange County
Our criminal defense attorneys know the defenses that may help get your Possession of Drugs with Intent to Sell charge dismissed. There are a number of defenses to Possession of Drugs with Intent to Sell in Orange County, however the applicability of those defenses depends on the facts of your case. For instance, you may have been charged for possessing drugs that you did not possess. That is a defense in your case that may get your Possession of Drugs with Intent to Sell charge dismissed. One common defense is that you did not know the drugs were there. If you were in a place where another person hid a drug stash then that is a defense to your Possession of Drugs with Intent to Sell charge in Orange County. Sometimes people possess a large amount of drugs to fed their personal habit. If we can show that the amount of drugs is consistent with your use of drugs then the charge may be reduced to a misdemeanor or an infraction.
Also, if you are part of a medical marijuana collective, or if you are a medical marijuana patient then you may have a defense and your case could be dismissed. Another common defense is that the police did something wrong while investigating your case. For instance, if the Officer who stopped you did not have reasonable suspicion to stop and detain you then our lawyers may be able to get your case dismissed. Also, if you were detained by Officers who used an unreasonable amount of force then that may be a defense in your case. Also, if you have been charged with multiple counts of Possession of Drugs with Intent to Sell, we may be able to get all of your charges consolidated into one charge, with one penalty.