The war against drugs has been ongoing for decades and has led to the incarceration of hundreds of people who were unjustly deprived of decades of their lives. While the California drug penalty charges have decreased in their severity in recent years, most people arrested on suspicion of drug sales or possession for sale continue to face steep penalties unless they are the holder of a medical marijuana license. If you have been charged with the sale of controlled substances or possession for sale, do not hesitate to contact an experienced San Jose drug sales lawyer who can assist you with your defense.
California does not distinguish between the sales of illegal drugs such as cocaine and heroin, and legal drugs such as Vicodin, OxyCotin, or Xanax, when the sales are made illegally. If a defendant is arrested on charges of selling either class of drugs, they will face punishment ranges of up to ten years in prison. However, penalty ranges will vary based on the amount of drugs the defendant was arrested with, as well as the type of controlled substance level the drugs fall within.
Drug Possession for Sale
Possession of controlled substances with the intent to sell is a serious criminal offense in California. Charges of drug possession for sale are often brought against a defendant based on the total amount that a defendant is arrested with holding. Most drug possession for sale arrests will lead to felony convictions. While California's Three Strikes rule resulted in hundreds of people who were imprisoned for life, based on three drug convictions, Proposition 36 altered this law to provide that only convictions of violent crimes could lead to enhanced punishment ranges. Defendants who were convicted of three drug offenses and are currently subject to the enhanced penalty ranges from the Three Strikes Law are able to protest their current imprisonment based on the
However, it may be a defense to the crime of drug possession for sale that the defendant did not have the required intent to sell the drugs they were arrested with. If an attorney can convince the court of this, the defendant may instead be able to instead participate in a drug diversion program. After completion of the program, all charges may be dismissed. An experienced criminal defense attorney will be able to determine the best defense for a drug possession for sale arrest.
Ahmed and Sukaram | San Jose Drug Sales Attorneys
If you have been charged with a drug possession or sale offense, do not hesitate to contact the attorneys of Ahmed and Sukaram. Our San Jose criminal attorneys have years of experience in handling all manner of drug offenses. It is important to keep in mind that an arrest is not a conviction, and therefore you may not face any adverse consequences. Contact our San Jose office today for your initial free consultation.