Los Angeles Criminal Defense Lawyer Blog

In California, most drug crimes are charged and prosecuted as felonies (see our Nov. 21 post). Conviction carries stiff legal penalties, often including prison time, high fines, confiscation of assets, loss of driver's license and registration as a narcotics offender. Repeat convictions can result in even more severe penalties and lengthy mandatory sentences through California's Three Strikes Law.

Prior convictions, the type and quantity of the drugs involved and whether they were for sale or personal use affect how the crime is charged and punished. A few drug crimes are charged as misdemeanors such as possession of marijuana (cannabis), being under the influence of a drug and possession of drug-related items, or paraphernalia, such as pipes, bongs, etc. Nearly all other drug crimes are charged as felonies.

To convict for possession of drugs, the prosecution must prove that you knew about and controlled the drug in question. Even if drugs aren't found on you when you are arrested, you can still be convicted of a drug possession if drugs are found in your car, house or purse. Likewise, to convict of selling drugs or trafficking in drugs, the prosecutor does not need actual proof of a drug sale to convict. He need only prove intent to sell as evidenced by the presence of drug packaging in small bundles, weighing scales, cutting agents, fortified windows, or conversations with police informants, undercover officers or wiretapped conversations.

The main components that determine the severity and length of drug crime sentences are:

• Base term: Pre-determined minimum sentences set by law. For example, the base term for selling marijuana is 2 to 4 years. This means that, if convicted, you will be sentenced to serve a minimum of 2 years in jail.


• Conduct enhancements: Penalty increases for selling drugs under certain circumstances or to certain groups. For example, selling drugs near a school or to children under the age of 18 carries additional, more onerous penalties.


• Status enhancements: These relate to your personal legal status. Prior convictions and crimes committed while out on bail increase sentencing penalties.

In representing you against a drug crime, an experienced criminal defense attorney will look at how evidence against you was obtained. Your constitutional rights protect you from illegal search and seizure. Evidence illegally obtained cannot be used against you. A criminal defense lawyer experienced in defending drug crimes will challenge the way evidence against you was obtained. Success in this very technical area of law requires considerable experience and an astute knowledge of California law. If your attorney's challenge is successful, damaging evidence against you will be suppressed and the case may even be dismissed.

Next time: Alternative sentencing options