Illegal drugs are extremely dangerous and have had a negative impact on many people across the state of California. Because of this, there are many laws in place that aim to control the production, distribution, and sale of illegal drugs. Many of these drugs end up coming with penalties that are very severe. One law that can come with a major punishment is California Health and Safety Code Section 11370.6 HSC, which has to do with individuals that are caught holding more than $100,000 in money that is related to the sale of illegal drugs.
Elements of the Crime
For someone to be charged with this crime, there are a few different elements that need to be met. One of the key elements that needs to be charged with a crime is that the defendant will have to be possessing more than $100,000, which is typically held in cash. Another key element of this crime is that the prosecutors will have to be able to prove that the money that the person was holding was obtained from the transportation, manufacturing, or sale of an illegal drug.
Furthermore, the prosecutors will also have to prove that the defendant knew that the money they were holding was a result of the sale of the drugs. This crime makes it illegal for someone to simply hold drug-related money, even if they do not expect to benefit or receive the money in compensation. The charge can also be applied to someone that is looking to use money to purchase drugs, even if the money at hand was obtained from a legitimate source.
This crime is often charged by someone that is looking to either buy drugs or has recently sold drugs. Because of this, a charge under California Health and Safety Code Section 11370.6 HSC is often included with several other charges of illegal activity.
Overall, there are several offenses that are related and similar to the possession of more than $100,000. Some of the other common offenses that are charged along with this crime include being charged with the possession for sale of a controlled substance or being caught actually trying to sell a controlled substance.
If you are charged with a violation of California Health and Safety Code Section 11370.6 HSC, there are several common defenses that you could try and pursue. One of the most common defenses is to claim that the money you were possessing was not related to the sale of drugs or that you were going to use it to buy drugs. Since you are innocent until proven guilty, the prosecutors will need to find a way to prove that the money was obtained illegally.
Another common defense is that you did not know that the money was related to the purchase and sale of drugs. If you were simply holding a bag full of cash for a friend, you may not have actually known that there was $100,000 of cash in there or that the friend received it from an illegal activity.
Finally, a police officer that finds the cash will need to go through the proper process. If it was determined that they did not have a warrant when they found the cash, you could have the charges dropped entirely.
Since California Health and Safety Code Section 11370.6 HSC is a serious charge, there are some big penalties that can be levied if you are found guilty. Generally speaking, the penalties for the crime will also be based on your past history. If you have had other drug charges in the past, you will likely receive less leniency.
The charge for the crime can either be a felony or a misdemeanor. This judgement will be left up to the prosecutor. If you are charged with a felony, you could incur financial penalties well in excess of $10,000 and could spend several years in prison. Once you are out, you will continue to be under probation and could face even further jail time if you are caught holding a large sum of drug money again in the future.
Since being charged with a crime under California Health and Safety Code Section 11370.6 HSC is so serious, it is important that you have proper legal representation. Your attorney will be able to provide you with a full consultation on your case and help to build a defense to minimize your potential penalty.
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