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Possession with Intent in California

Were you arrested for drug possession in Los Angeles?

Possession with intent is an elevated drug possession charge in the state of California. Depending on the type/schedule of drug and the amount, possession with intent could be charged as a misdemeanor or a felony. California's possession for sale laws are found in the Health and Safety Code § 11351.

According to this statute,

Every person who possesses for sale or purchases for purposes of sale any controlled substance... shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.

If you have been arrested or charged with possession with intent to sell in Los Angeles and you are looking for legal representation you can trust, contact a Los Angeles criminal defense attorney at Martinian & Associates today.

Possession of Marijuana for Sale (11359 HS)

Marijuana laws in the state of California are prosecuted differently than other controlled substance offenses. According to the California Health and Safety Code § 11359, possession of marijuana for sale is punishable by imprisonment "in proportion to the seriousness of the offense as determined by the Legislature to be imposed by the court with specified discretion." § 11357.5 of the penal code states:

Any person who possesses marijuana for the purpose of sale is guilty of a misdemeanor punishable by imprisonment up to six months and/or a fine up to $1,000.

Possession of marijuana for sale used to be a felony offense in the state of California, but in recent years it has been reduced to a misdemeanor. If the defendant can prove that the marijuana was for personal use, then the misdemeanor could be reduced to an infraction which warrants a $100 fine only.

Defenses Against Possession for Sale Charges

You are innocent until proven guilty and you are entitled to legal representation. A Los Angeles criminal defense attorney from our law firm can handle your case in state or federal court and provide a strong and compelling case.

Some of the possible defenses we could use are as follows:

  • The possession was for personal use. In order to be convicted for "possession for sale" there must have been an undisputable intent to sell the drugs you were in possession of. Your attorney may be able to use this defense to get your charged reduced.
  • The alleged "paraphernalia" was not being used for packaging/sale. One of the primary indicators of possession for sale is paraphernalia such as packaging material, scales and large amounts of cash. Your defense attorney could attempt to disprove that this so-called "paraphernalia" was not being used to package or sell the narcotics.
  • You were illegally searched. Any evidence that is obtained via an unlawful search or seizure (a violation of the Fourth Amendment) cannot be used as evidence in a criminal trial. Without the drugs or paraphernalia, your charges could be reduced or dismissed outright.
  • You were not actually in control of the drugs. In order to be convicted of possession with intent to sell, the state must prove that you were the one in control of the drugs. This may be easy to prove in actual possession cases, but difficult in constructive or joint possession cases.

Retain a Los Angeles Drug Crime Lawyer

If you have been arrested for possession with intent to sell in Los Angeles, contact a Los Angeles drug attorney at Martinian & Associates INC. Our law firm can implement the most effective defense techniques so that your charges are reduced or dismissed.

To learn more about your legal options, contact the firm today and receive a free case evaluation.

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