You can face misdemeanor or felony charges if you are found guilty of possessing illegal drugs in California. There are strict drug laws for the production, use, transport, and sale of certain drugs and chemicals. Sometimes, the court can choose to charge you with a felony. The judge’s decision to charge you will depend on several factors, like the type of drugs you possessed, the circumstances of your arrest, and other factors. You could face a prison sentence if you are charged and convicted of a felony drug crime.

It is good to act immediately if you are facing felony drug charges to avoid the adverse effects of a conviction. Hiring a drug crimes attorney would be helpful because a prison sentence can change the trajectory of your life. An attorney will clarify what makes your violation a felony and help you develop a solid defense against your charges.

What Makes A Drug Crime A Felony

The following factors can make your drug offense be charged as a felony:

  1. Whether The Possession Of Drugs Was For Personal Use or Sale

It is legal to possess certain drugs like marijuana if you have the right amount for personal use. You can face misdemeanor charges if you possess other controlled substances without a prescription. The judge can impose a fine that does not exceed $10,000 if you are convicted of a misdemeanor drug crime. You can also avoid a jail term by participating in a drug diversion program or by completing probation.

However, you could face felony charges if you possess a drug with the intent of selling it. Police are often serious when handling people who are involved in drug sales or who solicit others to sell drugs. The prosecutor must prove that you intended to sell the drug and must show this beyond a reasonable doubt. The factors that can show your intent to sell include:

Drug Paraphernalia

Under California law, drug paraphernalia can include any items used for weighing, handling, packaging, and mixing controlled substances. Law enforcement will investigate you if you are arrested for a drug-related violation. The officers will do this to determine any paraphernalia linked to sales. The judge can charge you with possession for sale if you have items like scales, tools for separating or mixing drugs, or measuring devices.

Drug Packaging

The judge will consider various factors before charging you with possession of a controlled substance for sale. One factor is the packaging. Packaging of the controlled substance can demonstrate your intent to sell. You can face felony charges for possessing them to sell if the drugs are in baggies, bundles, or balloons.

Amount Of The Drugs

Large amounts of a controlled substance, more than what an average person can use, can indicate you intended to sell it. At this point, hiring an experienced drug attorney can help prove that the drugs were for personal use. This can reduce your felony charges to misdemeanor charges.

Being Under The Influence

Being intoxicated with drugs does not mean you had the intention of selling certain drugs. However, most drug dealers use drugs. As a result, the prosecutor can use this evidence to prove the case conclusively.

  1. The Quantity Of The Drug

The police can arrest and charge you with a drug crime if the quantity of drugs in your case is usable. Law enforcement officers will consider the substances usable if they can interfere with your body or mind. There are statutes regarding the quantity you can grow or possess, even for legal drugs like marijuana. For example, you are allowed to possess up to 28.5 grams of marijuana if you are over 21 years old. You will face misdemeanor charges if you possess slightly more than 28.5 grams of marijuana.

The court can also charge you with a felony if you possess or grow much more than the legal limit. The quantity will influence the type of charges you will face if you face charges of possessing, growing, or moving a controlled substance. You can face serious felony charges if you are caught with large amounts of drugs. Having large quantities of a drug can lead to the following, apart from affecting the type of changes:

  • You will face severe penalties for having large quantities of controlled substances in your possession. Judges often impose more severe punishment for drug sale or distribution since it makes more people access the drugs, which can have a negative impact on society.
  • You will face a mandatory minimum sentence after conviction because of the amount of drugs you grow, possess, or plan to sell.

  1. Types Of Drugs Involved

You can face drug crime charges for growing, transporting, selling, using, or possessing certain controlled substances. The laws do not only cover illegal drugs but also prescription medications secured without a proper prescription. A common factor that will influence the severity of your drug charge is the specific type of drug involved. Controlled substances in California are categorized based on their impact on the user’s mental or physical health.

Schedule I

Under California law, Schedule I drugs are the most dangerous and highly addictive drug category. These drugs have no accepted medical use and are often abused. Some of the drugs include peyote, cocaine, PCP, ecstasy, and heroin. You could suffer severe mental and physical health issues if you use these drugs. As a result, courts take charges for the transportation, use, possession, or sale of Schedule I drugs very seriously.

Schedule II

Drugs in the Schedule II category have limited medical applications, but can cause addiction and dependency. Most drugs in this category can be dangerous if you misuse them. Some of the drugs include codeine, hydrocodone, opium, ritalin, cocaine, barbiturates, and meth.

Schedule III

Schedule III drugs can cause addiction if you misuse them, but they also have some medical uses. Some of the drugs include pentobarbital, clortermine, ketamine, testosterone, benzphetamine, and steroids.

Schedule IV

Drugs in this category have many medical uses. Many are prescription medications, which can become addictive if you use them for a prolonged period. As a result, the laws control how you can use, buy, or possess them. Some of the drugs include Ativan, tramadol, Ambien, xanax, and Pemoline.

Schedule V

Schedule V consists mainly of prescription medications for various health problems. They offer substantial health benefits and have a low risk of addiction. Additionally, they are legal but need a prescription, and you must take them in the right quantities. Some of the drugs include difenoxin, ethylmorphine, dihydrocodeine, codeine, and diphenoxylate.

You can face charges for possessing, distributing, or selling any controlled substance from the above schedules. Penalties for Schedules I and II substances are often more severe and can attract felony charges and serious legal repercussions.

Factors That Aggravate The Seriousness Of A Drug Crime

The facts of your violation are crucial for determining charges and punishment. An aggravating factor is anything that enhances your punishment once you are convicted. If you are charged with a drug offense, the following aggravating factors can trigger a felony charge against you:

Using Technology For Drug Offense

Technology can be used to commit drug offenses by promoting or enhancing drug sales through text messages and email. Contacting a prospective buyer online can also provide necessary evidence for the prosecutor to prove intent to sell. A minor crime can be elevated to a more serious felony if technology is used. You can face more severe punishment because legal consequences are more severe if you use the dark web or cryptocurrency for drug deals. Your case can also be forwarded to a federal court if you conduct a drug transaction across state lines using technology.

Your Criminal Record

The legislature has enacted strict laws to deal with repeat offenders in California. Committing an offense for the second or subsequent time indicates a lack of respect for the law and a failure to learn from previous mistakes. After an arrest for a drug crime, the judge will look at the details of your case before determining the charges. Your current case will be considered a felony if you have a drug conviction on your record. You can also still face felony charges if you have a record of other felony crimes, even if they do not relate to drugs. This ensures you face maximum penalties for your ongoing criminal conduct.

Resisting An Arrest And Tampering With Evidence

Sometimes, the police can conduct sting operations or use undercover police to investigate your possible involvement in drug offenses. An arrest for drug crimes can catch you off guard. The manner in which you behave during or after an arrest will determine the charges against you and the punishment.

You can complicate your case and increase stress, even if resisting an arrest or interfering with the evidence is not directly related to drug crimes. At this point, the judge can enhance your drug charges to a felony, which can attract severe penalties and repercussions.

Organized Offense

You can face felony charges under California law if you engage in organized offenses or gang activities. It associates your drug crimes with organized crime, which raises concerns about the seriousness of the violation.

You could face charges like racketeering, gang enhancement, and conspiracy if you engage in organized crime. It can also trigger felony charges for your drug violations. In most cases, involvement in organized crime can lead to federal charges. If this happens, you will face drug crime charges in a federal court. Facing charges in a federal court is tough because the penalties are severe after a conviction. You can face a mandatory minimum sentence in a federal court. It is mandatory to serve a jail term for a certain period before being considered for release.

Committing Drug Offenses In Drug-Free Zones

There are marked drug-free areas in California, even if drugs are unlawful in the entire state. You will face severe penalties if you commit a drug offense in these areas. State and federal laws designate certain areas as drug-free zones. You risk facing enhanced penalties if you commit a drug-related offense within 1000 feet of these areas. Some of the drug-free zones include public swimming pools, synagogues, daycare centers, public playgrounds, youth centers, and schools.

All public locations where children gather are considered drug-free zones. Usually, you will face enhanced penalties only when these zones are open or when children are present. There is no specific penalty enhancement in California for drug crimes committed in these zones. Additional penalties depend on the said violation.

For example, the judge can impose more lenient penalties for possessing marijuana at school or college than for selling heroin in the same zone. The court can double your fine for the initial crime and add extra years to your jail term.

You will face misdemeanor charges for possession of narcotics for personal use. However, your jail term can be increased from one year to three years in a state prison if you possess the same drugs in a school zone. You can face severe penalties if you commit drug crimes like selling controlled substances in a drug-free zone. For example, you can face felony charges and a jail term that does not exceed four years in a state prison if you sell meth in a school.

Causing Death or Injury To Others

Your case will become more complicated if you cause serious injuries or death to another person while committing a drug-related offense. This can attract felony charges because it indicates a lack of concern for others' safety.

Possession Of Firearms

It is a crime under Health and Safety Code 11370.1 to carry an operable gun while also possessing a usable quantity of drugs. Possessing a working gun indicates a plan to commit an offense. You could face felony charges if the judge charges you with having a gun and drugs. This offense could attract a jail term of no more than 4 years in state prison. Additionally, you will face a prolonged prison sentence and other legal repercussions for the underlying drug-related crime.

Find Drug Attorney Near Me

California has strict statutes for drug offenses. Most drug offenses are wobblers and can attract misdemeanor or felony charges. Whether you face felony or misdemeanor drug charges can depend on many factors. The factors include whether you are a repeat offender, the type of drug you possess, the quantity of drug you possessed, whether you possessed the drug for sale or personal use, and the presence of mitigating factors. You should contact an attorney immediately after facing drug charges. An attorney can help you navigate your charges and reduce your likelihood of being charged with a felony. For legal representation you can count on in Los Angeles, contact the Law Office of Sara L. Capla. Call us at 310-550-5877 to talk to one of our attorneys.