Aggressive Drug Crimes Lawyer Defending Southern California
Being accused of a drug crime is no laughing matter. Regardless of the specifics of your case, there are numerous ways to defend your rights and freedom, especially when you consult San Gabriel’s premier criminal defense attorney.
Drug possession in the state of California is classified as either an infraction, misdemeanor or felony. While an infraction will not result in any jail time, misdemeanors and felonies may lead to one or more year in jail, respectively, as well as steep fines.
Controlled Dangerous Substances (CDS)
The state of California has divided its CDS into six categories, commonly referred to as “schedules.” Schedule I drugs include marijuana, mescaline and peyote, among others, and are considered to possess no medical benefit. Schedule II drugs include opium and morphine, while Schedule III drugs include anabolic steroids and pentobarbital. Schedule IV drugs are comprised of substances like diazepam and zolpidem, whereas Schedule V drugs include codeine.
Possession of a Schedule I, II or III substance are punishable by up to one year in jail, as are Schedule IV and V substances without the accompaniment of a valid prescription. Marijuana is the only substance among California’s CDS that plays by its own set of rules, so to speak. When it comes to marijuana possession, penalties vary widely based on the amount held. For example, possession of less than 28.5 grams (i.e. one ounce) of marijuana is considered an infraction and will result in a fine not exceeding $100. Possession of more than one ounce of marijuana may lead to six months in jail and a fine not exceeding $500.
Protecting Your Freedom
Some of the most common defenses to drug-related offenses include medical necessity (i.e. prescription), unlawful search and seizure, a contaminated lab analysis and/or entrapment. This is hardly a comprehensive list of defenses, however, and it is very much in your best interest to consult an experienced drug crime attorney as soon as possible following an arrest.