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Drug Possession for Sale - California Penal Code Section 11351

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Understanding Drug Possession for Sale in California

Top-Rated Criminal Defense Attorneys in Los Angeles, California

Expert Defense for Drug Possession for Sale Charges

Are you facing charges of drug possession for sale in California? The Law Offices of David S. Chesley is here to provide you with the expert legal representation you need. Our team of experienced attorneys specializes in defending individuals accused of drug offenses and will work tirelessly to protect your rights and fight for the best possible outcome for your case.

California Penal Code Section 11351
According to California Penal Code Section 11351, it is unlawful for any person to possess certain controlled substances, such as cocaine, heroin, methamphetamine, or prescription drugs, with the intent to sell them. The prosecution must prove beyond a reasonable doubt that the defendant knowingly possessed the drugs and had the intent to sell them.

Understanding Drug Possession for Sale Charges in California

Drug possession for sale, also known as possession with intent to sell, is a serious criminal offense under California law. It involves the possession of illegal drugs with the intent to distribute, sell, or otherwise transfer them to others. The penalties for drug possession for sale can be severe and may include fines, probation, and lengthy prison sentences.

Key Factors Considered in Drug Possession for Sale Cases:

  • 1. Quantity of Drugs: The amount of drugs found in your possession is a significant factor in determining whether you’ll be charged with possession for personal use or possession for sale. Large quantities of drugs may suggest an intent to distribute.
  • 2. Packaging and Paraphernalia: The presence of packaging materials, scales, or other paraphernalia commonly associated with drug sales can further support the prosecution’s case.
  • 3. Circumstantial Evidence: Factors such as large amounts of cash, multiple cell phones, or text messages related to drug transactions may be used as evidence of intent to sell.

Legal Penalties for Drug Possession for Sale:

If convicted of drug possession for sale in California, you may face severe consequences, including:
– Lengthy prison sentences
– Substantial fines
– Probation or parole
– Mandatory drug treatment programs
– Permanent criminal record

How to Proceed When Charged with Drug Possession for Sale:

When facing drug possession for sale charges, it’s crucial to take immediate action to protect your rights and build a strong defense. Here are some essential steps to consider:

  • 1. Remain Silent: Exercise your right to remain silent and refrain from speaking to law enforcement without legal representation present.
  • 2. Contact an Experienced Attorney: Seek the assistance of a skilled criminal defense attorney with expertise in drug-related cases, such as the Law Offices of David S. Chesley.
  • 3. Gather Evidence: Work with your attorney to gather evidence that supports your defense, such as witness statements, surveillance footage, or evidence of entrapment.
  • 4. Explore Defense Strategies: Your attorney will explore various defense strategies tailored to the specifics of your case, such as challenging the legality of the search or disputing the intent to sell.
  • 5. Negotiate Plea Bargains: In some cases, plea bargaining may offer an opportunity to secure reduced charges or sentencing in exchange for a guilty plea.

Challenging Drug Possession for Sale Charges
If you have been charged with drug possession for sale, it’s essential to seek legal representation from experienced defense attorneys who understand the complexities of California drug laws. Our attorneys will thoroughly review the facts of your case, explore all available defenses, and work to undermine the prosecution’s case against you.

At the Law Offices of David S. Chesley, we are dedicated to providing aggressive and effective defense representation for individuals facing drug possession for sale charges in California. Contact us today for a confidential consultation to discuss your case and learn how we can help you protect your rights and future.

Why Choose the Law Offices of David S. Chesley:
At the Law Offices of David S. Chesley, we understand the complexities and challenges associated with drug possession for sale cases in California. Here’s why we’re the right choice for your legal representation:

  • 1. Experience: Our team brings decades of experience and a proven track record of success in defending clients against drug-related charges.
  • 2. Expertise: We specialize in criminal defense and have in-depth knowledge of California’s drug laws and legal procedures.
  • 3. Personalized Attention: We provide personalized attention and strategic advocacy tailored to the unique circumstances of your case.
  • 4. Aggressive Defense: We’re dedicated to protecting your rights and pursuing the best possible outcome, whether through negotiation or litigation.
  • 5. Results-Oriented Approach: Our goal is to achieve the most favorable outcome for our clients, whether that involves dismissal of charges, reduction of penalties, or acquittal at trial.

Contact Us Today:
If you’re facing charges of drug possession for sale in California, don’t wait to seek legal help. Contact the Law Offices of David S. Chesley today to schedule a confidential consultation and learn how we can defend your rights and freedom.

To schedule a free consultation and case evaluation with a California DUI/DWI lawyer, please call us today at 1-800-755-5174, or contact us online.

Frequently Asked Questions

Simple drug possession involves the possession of illegal drugs for personal use, while possession for sale involves the intent to distribute, sell, or transfer drugs to others. Possession for sale carries more severe penalties under California law.

The prosecution may use various types of evidence to prove possession for sale, including the quantity of drugs seized, packaging materials, scales, and other paraphernalia associated with drug sales. Witness testimony, surveillance footage, and statements made by the defendant may also be used as evidence.

Yes, even a small quantity of drugs can lead to charges of possession for sale if other evidence suggests an intent to distribute or sell the drugs. Factors such as packaging, scales, and large amounts of cash may indicate intent to sell.

The penalties for drug possession for sale vary depending on factors such as the type and quantity of drugs involved, prior criminal history, and other aggravating factors. Penalties may include fines, probation, and imprisonment.

Yes, a skilled defense attorney can explore all available legal defenses and negotiate with the prosecution to seek a reduction in charges or dismissal of the case. With the right representation, it may be possible to avoid conviction or minimize the consequences of a drug possession for sale charge.

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Cocaine

Possession of Cocaine (CA. Penal Code 1203.073) commonly called “coke”, “snow”, “blow” is a controlled substance. Learn More
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Ecstasy

Ecstasy is a popular drug, used commonly by “partygoers”, ecstasy is both a stimulant and hallucinogen that produces... Learn More
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Heroin

Heroin (Health and Safety Code 11350 & 11351 HS) is a Schedule 1 drug under the United States Controlled Substances Act. Learn More
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Marijuana

California’s Health & Safety Code has many sections that deal with the various offenses related to Marijuana. Learn More
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Methamphetamines

Methamphetamines (CA. Health & Safety Code 11377 &11378 HS) are among the most commonly abused drugs in California. Learn More
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Prescription Drugs

Prescription Drugs (Health & Safety Code 11350 and 11351 HS) are illegal to possess without a proper prescription. Learn More

Areas We Serve

Recent Results

  • Our client faced multiple serious charges in Los Angeles County, including Penal Code § 211 (Robbery), § 245(a)(1) (Assault with a Deadly Weapon), and § 245(a)(4) (Assault with Force Likely to Cause Great Bodily Injury). Unlike a co-defendant represented by another firm who pled to a felony conviction with a "strike," our legal team pursued a different strategy. Through the submission of a comprehensive mitigation package to the District Attorney, we successfully negotiated a complete dismissal of all charges.
  • Our client faced serious charges under Penal Code section 211 for alleged felony robbery involving force and fear in Riverside County (Murrieta Court) . The prosecution argued that probation was not appropriate due to our client’s prior felony convictions in San Bernardino County, including a previous robbery in April 2021 and grand theft in November 2019. Despite the severity of these allegations, our legal team successfully demonstrated insufficient evidence during the preliminary hearing. As a result, all charges were dismissed. This outcome allowed our client to move forward without the burden of a new conviction.
  • Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
  • Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
  • Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
  • Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
  • Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
  • Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!

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