What Factors Determine the Penalties for Drug Possession in San Diego?

If you have been charged with drug possession in San Diego, it is natural to wonder what penalties you will face if you are convicted. As with so many other aspects of criminal defense law, the answer is that it depends. There are many factors that determine the penalties for drug possession. Below, our San Diego drug possession defense lawyer explains the most important elements that influence sentences so you can have a clearer understanding of what to expect in your case.

The Type of Drug Possession Charge 

One of the most important factors that determine the potential penalties you may face is the type of drug possession charge filed against you. These may include:

• Simple possession: Often referred to as possession for personal use, simple possession is the least serious type of drug charge. Typically, simple possession is charged as a misdemeanor, punishable by up to one year in county jail. However, if a person has two or more prior convictions for possession of a hard drug (fentanyl, methamphetamine, heroin, cocaine, etc.), they may face felony charges, even for simple possession. A felony simple possession conviction can result in a prison sentence of up to three years.
• Possession for sale: Possession for sale refers to possessing a drug with the intention to sell it. A conviction for this drug charge is punishable by two to four years in jail per intended sale. Unlike simple possession, prosecutors do not need to catch someone in the act of selling drugs to bring the charge. Instead, they can rely on circumstantial evidence, such as packaging materials, scales, large amounts of cash, or the quantity of drugs found. Notably, possession-for-sale conviction involving fentanyl may result in harsher sentencing due to its high potential for overdose and abuse.
• Drug trafficking: Drug trafficking is a felony in California. A first offense is punishable by between three to five years in prison, but this can increase if the drugs were transported across two or more county lines. Transporting large amounts of fentanyl, heroin, cocaine, or methamphetamine across county or state lines may lead to sentencing enhancements of up to 9 years in prison or more, depending on the circumstances. Federal charges may also be triggered in serious trafficking cases.

The Type of Drug

 In some cases, the type of drug in your possession can also impact sentencing. For example, possessing more than one kilogram of methamphetamine can add 3 to 15 years in prison to a sentence. Likewise, there are certain threshold amounts of cocaine, heroin, or cocaine base for drug trafficking or possession for sale that can result in longer prison sentences.

A Note On Fentanyl: Fentanyl, in particular, is associated with harsher penalties than most other controlled substances. Indeed, California courts treat fentanyl-related offenses with heightened seriousness due to its potency and the high number of overdose deaths linked to the drug. As a result, possession of even a small amount of fentanyl may lead to more aggressive prosecution.

The Quantity of the Drug 

Even if the type of drug does not impact the sentence directly, the amount of the drug found can affect the charges and as such, the possible penalties. Larger quantities are more likely to result in selling or trafficking charges rather than simple possession.

Your Previous Criminal History 

Your own criminal history plays an important role in sentencing, particularly if you have an earlier conviction for drug-related offenses. Previous violent or serious felonies can impact a simple possession charge from a misdemeanor to a felony with sentences that include multiple years. As noted, repeat offenses involving hard drugs can result in felony charges for what would otherwise be considered a misdemeanor. In addition, any prior drug trafficking or sales-related offenses can enhance the sentencing range significantly. For every trafficking or possession with intent to sell case, every previous felony drug conviction can add three more years to the sentence.

Possession With a Firearm 

Possession of drugs while also in possession of a firearm is another aggravating factor in California. Under state law, having a controlled substance and a gun at the same time can result in a felony charge. That is true for even a small quantity of drugs. Notably, it can lead to serious penalties, including longer incarceration and a felony record. Judges and prosecutors typically view drug-plus-firearm cases as a heightened threat to public safety. That means more serious penalties.

Call Our Drug Possession Defense Lawyer in San Diego Now 

The above are just potential penalties for drug possession charges. At Anthony Z. Vargas, Esq., our San Diego drug possession defense lawyer has a proven track record of successfully defending clients in even the harshest drug cases. Call us now at 858-285-4595 or contact us online to schedule a consultation with our experienced attorney and to get the legal help you need.

Source:

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC&sectionNum=11350