Free Consultations & We're Available 24/7
WE'RE A BOUTIQUE LAW FIRM. YOU WORK WITH ONE OF OUR SENIOR ATTORNEYS PERSONALLY.
WE'RE ONE OF NEW YORK'S OLDEST CRIMINAL DEFENSE LAW FIRMS. TRUST 50 YEARS OF EXPERIENCE.
WE SERVICE CLIENTS NATIONWIDE, WITH OFFICES IN LOS ANGELES AND NYC.
Possession of a Controlled Substance while Armed: Elements, Penalties, and Strategies
If you have been charged with possession of a controlled substance while armed, the law under section 11370.1 of the California Health and Safety Code applies to your case. Proving that the firearm in your possession is legally owned or not is irrelevant, so long as you were found with a controlled substance during the search. The definition of a controlled substance is specified in section 11370.1.
To legally establish guilt beyond a reasonable doubt on a possession of a controlled substance while armed offense, the prosecution bears the burden of proving the following:
– You had a controlled substance
– You were aware of its presence
– You were aware that it was a controlled substance
– You recognize which substance it was
– The amount of the controlled substance found is sufficient for use
– You had an operable and loaded firearm in your immediate possession
– You knew that the firearm was available for immediate use
If the prosecution fails to prove any of these elements, then the case falls apart in its entirety.
Penalties
If you are convicted of possessing a controlled substance while armed, the punishment ranges up to four years in prison and a fine of $10,000. Depending on your personal history and the specifics of your case, you may qualify for probation with a suspended sentence. However, the judge may still impose a jail sentence.
Constructive Possession
You may hold a gun or drugs without actual physical possession of them. As long as the law considers that you are in a position to control them, you are seen to hold them. That is the regulation of constructive possession. Two or more individuals may possess drugs or a firearm concurrently, in addition to actual and constructive control; you can even be considered to have joint possession.
Defenses to Possession of a Controlled Substance While Armed
A wide range of defenses are available for a charge filed under section 11370.1 of the California Health and Safety Code. Such defenses include:
– The drugs or guns were not yours
– You were unaware of their existence
– You were not in the car, or premises long enough to gain knowledge of guns or drugs
– The firearm was unloaded, or it was deactivated, or otherwise made unusable
– The evidence was the outcome of an illegal seizure or search
When it comes to cases involving both guns and drugs, felony prosecutors take a firm stance. If you are charged in a case involving this combo, remember that your future is at stake, and you could lose several years of your life. How you respond to criminal charges at the front stage can impact your case. Every decision, action or statement you make could be the difference between keeping your freedom or imprisonment. Therefore, make the right choices and don’t take risks. After an arrest, call us to arrange a free case consultation and assessment. Once we are retained, we will begin developing your defense strategy. Do not make a confession or a statement to the police; it will give the case prosecutor evidence to convict you. Instead, invoke your right against self-incrimination and contact us immediately.
Under section 11370.1 of the California Health and Safety Code, the offense of possession of a controlled substance while armed is defined. The law requires an accused person to have been in possession of a controlled substance when the person was searched. It also specifies what a controlled substance is. For the prosecution to obtain a guilty verdict in a possession of a controlled substance while armed case, it must show the following:
| Element | Explanation |
| You possessed a controlled substance | The accused had a controlled substance beside them during the search. |
| You knew of its presence | The accused had knowledge about the controlled substance. |
| You knew that it was a controlled substance | It was known to the accused that the substance was a controlled substance. |
| You knew what the controlled substance was | The accused knew what the substance was that they possessed. |
| The amount of the controlled substance was enough to use | The amount of controlled substance found is enough for use. |
| You had a loaded and operable firearm in your possession for immediate use | The defendant had a loaded firearm and could use it right away. |
| You knew it was available for immediate use | The defendant was aware of the firearm’s immediate availability. |
According to section 11370.1 of the California Health and Safety Code, your sentence for possession of a controlled substance while armed ranges from probation of draconian prison terms with a fine of up to $10,000. If you were found guilty of possessing a controlled substance while armed, you can be sentenced with a maximum prison term of up to four years with a fine no beyond $10,000. Depending on your circumstances and case specifics, probation with a suspended sentence may be available. However, the judge may still sentence you to jail time.
On account of California law, you can still be liable for having drugs or guns in your possession without physical possession. If you have control over them, the law deems them to be under your authority, otherwise referred to as constructive possession. The law decree of constructive possession allows joint possession of drugs or guns.
Section 11370.1 of the California Health and Safety Code outlines the circumstances for possession of a controlled substance while armed. It also presents a wide range of defense options that may apply to you, including:
| Defense | Explanation |
| The drugs or guns didn’t belong to you | The controlled substance or firearm is not your property. |
| You had no idea that they were there | The accused did not know of the weapon or substance’s existence. |
| You weren’t in the vehicle or premises long enough to have knowledge of drugs or guns | The accused was not in the car, or the location for long enough to know about the drugs or guns. |
| The gun wasn’t loaded, or it was otherwise disabled | The gun was not operational, or it was unloaded. |
| The evidence was the fruit of an illegal search and seizure | The search and seizure of the controlled substance or weapons violated the accused’s legal rights and is therefore inadmissible. |
The intersection of guns and drugs is one area that the felony prosecutor takes a firm stance. If you have been charged in a case involving this combination, you are at risk of losing several years of your life. Therefore, it is essential to handle the charges carefully. Every choice, action, or statement you make can significantly affect your case’s outcome. After an arrest, contact us immediately for a free evaluation of your case. Once you retain our services, we will start working with you to formulate your defense strategy. Refrain from making a confession or a statement to the police as it will only serve to give the prosecution more evidence to convict you. Appeal to your legal right under self-incrimination and allow us to defend you.
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
CALIFORNIA CRIMINAL DEFENSE ATTORNEYS