In the realm of criminal law, drug-related charges, such as possession and trafficking, are often fraught with complexity and severe penalties. While these terms might be commonly mentioned in the same breath, the legal distinctions between drug possession and trafficking are significant and carry vastly different legal implications.
At Bernal Law, we have a strong foundation in handling both drug possession and trafficking charges. Our understanding of the critical distinctions between these charges informs our defense strategies. We have a long track record of bringing our clients the outstanding results they need, including reduced penalties and shortened periods spent in litigation. If you need support during your case, we encourage you to reach out to us to retain invaluable support.
What is Drug Possession in California?
In short, drug possession in California means someone possesses a controlled substance in any usable amount through illegal avenues. Obtaining prescription drugs without a proper prescription qualifies as drug possession, as well as possessing illicit drugs like heroin, methamphetamines, or cocaine.
Someone can face legal consequences if they possess any usable amount of one of these illicit drugs, but these are generally misdemeanor charges. Some individuals may face felony charges depending on the circumstances, such as repeat offenses or a record with similar convictions.
There are also different schedules of controlled substances in California, numbered I through V. Schedule I drugs generally come with the most severe penalties.
How is Drug Trafficking Defined in California?
According to California law, drug trafficking is an umbrella term that includes buying, selling, transporting, giving away, furnishing, or otherwise distributing controlled substances. Generally, the goal of trafficking is to profit from the sale of illicit substances. Trafficking can be conducted by an individual or a group.
Generally speaking, drug trafficking is considered a felony offense in California and the remainder of the United States. Therefore, penalties for drug trafficking are often more severe than those for drug possession, which may be treated as a misdemeanor. This is because trafficking impacts people on a much larger scale and utilizes illegal means to obtain payment.
Defenses for Drug Crimes in California
Depending on your circumstances, you can use many defense strategies to reduce the severity of penalties or avoid conviction for a drug crime charge. The following are defenses that may be beneficial during your case:
- Unaware of the presence of illegal substances
- No evidence of intent to carry out a crime
- Not knowing about the unlawful nature of the drugs in question
- Interest in alternative sentencing, like rehabilitation
- Lack of witness credibility
- Subject to threats or potential harm
- Evidence was illegally obtained
Additional arguments may also be helpful during your case, so allow us to help. An attorney from Bernal Law can help identify arguments best suited for your individual circumstances, collect and analyze evidence, speak on your behalf, and much more.
Charged With a Drug Crime in California? Contact Bernal Law to Protect Your Rights and Reduce Your Penalties
If you are facing drug possession or trafficking charges, it is crucial to understand the legal distinctions, determine what defenses are available to you, and seek skilled legal counsel. At Bernal Law, we are dedicated to guiding our clients through the complexities of these serious allegations, ensuring they are well-represented in court. Reach out to us, led by the dedicated and experienced Attorney Pedro Bernal, to discuss your case and explore your defense options. We are fluent in Spanish and English, so you can feel comfortable communicating with us.
Attorney Pedro Bernal was a former prosecutor for almost a decade, so he is also familiar with how the other side thinks and works and what strategies they will use. You can reach us by phone at (619) 736-9092 or complete our contact form to learn more about how we can assist you in navigating the legal system. We want you to feel confident and like your rights have been defended effectively.