CALIFORNIA CRIMINAL LAWYERS

Los Angeles Heroin

Heroin is a highly addictive opioid that has been categorized as a Schedule 1 drug under the federal Controlled Substances Act. This classification implies that the drug has no acceptable medical use and is considered illegal under California State law. Even simple possession of heroin in Los Angeles can result in a felony charge, necessitating the services of a qualified legal representative. With the assistance of an experienced and highly skilled attorney who specializes in California drug crimes, your legal rights can be safeguarded effectively.

California Health and Safety Code 11350 HS
Heroin is classified as a controlled substance in California, and the possession of such a substance without a medical prescription is considered illegal. California Health and Safety Code 11350 HS stipulates a “constructive possession” standard that implies that the drug need not be discovered physically on the person charged but can be found in areas under the individual’s control such as a car or a bedroom. Moreover, California Health and Safety Code 11350 HS prohibits being under heroin’s influence even when not physically in possession of the drug; California’s Vehicle Code 23152a VC makes it illegal to drive under heroin’s influence.

Such violations of California Health and Safety Code 11350 HS can be charged as misdemeanors or felonies depending on the severity of the offense. A misdemeanor is punishable by a county jail term of up to 364 days, while a felony charge can result in up to three years in a state prison. In both cases, the court may opt to allow you to enter a rehabilitation program. The successful completion of such a program could result in the dismissal of the charges.

California Health and Safety Code 11351 HS
California considers the possession of heroin with the intention to sell a more serious crime than mere personal use. In this case, anyone convicted under this statute may be facing federal charges since heroin is on the federal controlled substances index.

The possession or purchase of heroin with the intent to sell constitutes a felony charge. The sentence is dependent on the amount of heroin seized; anyone found with less than one kilogram may face up to four years in a state prison and a fine of up to $20,000. Higher amounts, however, come with stiffer penalties, including 25 extra years in state prison and a fine that could reach $8,000,000. Drug diversion programs are not available for individuals convicted of this offense.

California Health and Safety Code 11352 HS
If you transport heroin with the aim of selling it in California, you could face more severe penalties. If convicted of this offense, you face a sentence of up to five years in a state prison and a fine of up to $20,000. Moreover, if caught transporting heroin across two or more county lines, you could face up to nine years in a state prison. A prior conviction involving a controlled substance or more than 14.25 grams of heroin can attract a penalty of $50,000.

Health and Safety Code 11365 HS
Watching while someone else is using heroin, and engaging in behavior that might be construed as enabling drug use, exposes you to charges under this statute, constituting a misdemeanor offense.

It’s essential to hire a lawyer with extensive experience in this field if you’ve been arrested for heroin possession or use. The involvement of a legal representative who comprehends the complex public health and criminal issues surrounding heroin use and can guide you through the legal process can be an invaluable resource.