402 W. Broadway, Suite 1300, San Diego, CA 92101
A recent spike in opioid overdoses—specifically from fentanyl—has led to an increase in drug crime prosecutions throughout the country. San Diego’s close proximity to the Mexican border has placed it at the forefront of the reenergized war on drugs. As a result, drug crimes in this area are prosecuted aggressively, and the potential consequences, if convicted, can be severe.
If you or a loved one have been charged with a drug crime or any other criminal offense, call the Law Offices of David R. Silldorf today to schedule your free consultation and begin building your defense strategy. Drug crime charges are serious, and these cases can be complex. It is critical to hire an experienced criminal defense attorney who will do everything possible to defend your rights and protect your future. We’ve helped hundreds of clients fight their cases resulting in acquittal, dismissal, or reduced charges. Give our drug crime defense attorneys a call today and find out how we will fight to protect your rights.
The decriminalization of marijuana may make California seem like a sanctuary state for illegal substances, but this is not the case. Drug crimes are some of the most commonly prosecuted criminal offenses in California. Most drug crime cases fall into four major categories: (1) drug possession; (2) drug sales; (3) drug transportation/trafficking; and (4) drug manufacturing. Below is a breakdown of some of the most common types of drug crimes you can be charged with in California.
California Health and Safety Code § 11350(a) states that every person who possesses any controlled substance, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, is guilty of misdemeanor simple possession or possession for personal use. “Controlled substances” are drugs or narcotics that have been made illegal by state or federal law.
Some examples include cocaine, heroin, and fentanyl. Prescription drugs not lawfully prescribed are also considered controlled substances, such as oxycodone, Xanax, and codeine. Marijuana is not considered a controlled substance under this section (marijuana remains illegal, however, under federal law). One “possesses” a controlled substance when they physically have it on their person or the controlled substance is somehow under their control.
If convicted of misdemeanor drug possession, you face up to one year of custody in county jail and a fine of up to $1,000. Judges often impose summary probation in lieu of custody time, depending on the circumstances of the case. It is important to note that any drug conviction can have negative consequences on your immigration status, gun rights, and future penalties if later convicted of another crime.
California Health and Safety Code § 11351 states that every person who possesses for sale, or purchases for the purpose of sale, any controlled substance or narcotic without a valid prescription is guilty of felony drug possession with the intent to sell. These charges are typically brought when someone is caught with drugs in their possession, and there is an indicia of sale present.
An “indicia of sale” commonly includes: lots of cash in small denominations, large quantities of the controlled substance, scales, separate baggies or packaging, and people observed coming in and out of one place for short periods of time. It does not matter if you personally intend to sell the drugs. So long as you were in possession of the drugs and intended for someone to sell them, you can be convicted of this offense.
Possession with intent to sell is a felony punishable by up to four years in state prison and a $20,000 fine. There are also aggravating factors that can enhance these penalties. Possessing cocaine and heroin with an intent to sell carries special penalties determined by the amount of the substance. California Health and Safety Code § 11370.4 states that a person convicted of possession with intent to sell will face these additional prison terms:
|Over 1 Kilogram||+ 3 Years|
|Over 4 Kilograms||+ 5 Years|
|Over 10 Kilograms||+ 10 Years|
|Over 20 Kilograms||+ 15 Years|
|Over 40 Kilograms||+ 20 Years|
|Over 80 Kilograms||+ 25 Years|
If you are convicted of possession with the intent to sell, and you have at least one prior California felony drug crime conviction involving more than mere personal use, you face additional penalties of up to three years in custody, consecutively, for each prior felony.
California Health and Safety Code § 11352 states that every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport, any controlled substance or narcotic without a valid prescription is guilty of felony drug sale, transportation, or trafficking.
For purposes of this section, “transport” means to transport for sale. This section prohibits selling drugs, transporting drugs with the intent to sell them, furnishing or administering drugs to other people, giving away drugs, or simply offering to do any of the above acts.
If convicted under this section, you face up to five years of custody in state prison. If convicted of selling, transporting, or trafficking drugs within California from one county to another noncontiguous county, you face an increased sentence of up to nine years of custody in state prison. You will also face increased custody time if you are convicted of selling drugs to minors or transporting large quantities of drugs across county lines.
California Health and Safety Code § 11379 makes it a felony offense to sell, transport, import, export, or distribute methamphetamines and other non-narcotic controlled substances. Violating HS 11379 has a maximum punishment of four years in state prison and a fine of $10,000.
Health and Safety Code § 11379.6 states that every person who manufactures, compounds, converts, produces, derives, processes, or prepares, either directly or indirectly by chemical extraction or independently by means of chemical synthesis, any controlled substance or narcotic without a valid prescription, is guilty of felony drug manufacturing. Some commonly manufactured drugs include methamphetamine, heroin, cocaine, PCP, MDMA, ecstasy, and opiates.
Drug manufacturing crimes are some of the most serious drug crimes you can be charged with in California. The maximum penalties include up to seven years in state prison and a $50,000 fine. A judge can also grant felony (formal) probation in lieu of custody, depending on the circumstances of the case. Sentences will be enhanced depending on the quantity of drugs being manufactured, the location of the manufacturing facility, and if anyone was harmed or injured in the manufacturing process.
Drug manufacturing is often associated with drug trafficking, organized crime, and gang activity. For this reason, prosecutors may also charge defendants with conspiracy and target people more loosely associated with the manufacturing process. You can be convicted of drug manufacturing even if you only began to manufacture drugs and did not complete the process. You cannot, however, be convicted if you are merely prepared to start manufacturing drugs because mere preparation is not a wrongful act under this section of law.
If you or a loved one have been charged, arrested, or are under investigation for any drug crime, it is imperative that you contact an experienced criminal defense attorney as soon as possible. Call the Law Offices of David R. Silldorf today for a free consultation and learn how we will fight to defend your rights.
Any case involving drug charges can result in substantial fines and custody time. At the Law Offices of David R. Silldorf, we will work tirelessly to put together a solid defense strategy and try to achieve the best possible outcome for your case. Below are some of the common defenses that can be raised against drug crime charges depending on the circumstances of your case:
Every case has a unique set of facts, so an effective defense must be tailored to each client’s particular circumstances. At the Law Offices of David R. Silldorf, our drug defense attorneys will evaluate the case, review all the evidence, conduct our own independent investigation, and determine which strategy will provide the most effective defense. Our goal is to ensure that our clients achieve the best possible outcome for their case.
David Silldorf and his associates have helped hundreds of defendants receive favorable outcomes in their cases. Every case is different, and no attorney can guarantee an outcome, but we always try to see if we can:
Our attorneys are passionate about defending your rights and will fight for you every step of the way to minimize or eliminate any potential negative consequences you face.
If you or a loved one have been charged with a drug crime or any other criminal offense, it is essential to call an experienced criminal defense lawyer as soon as possible. At the Law Offices of David R. Silldorf, we will fight to protect you and your rights to achieve the best possible result in your case. No matter what the charges are, you have the right to effective legal representation before speaking to anyone, including the police, at every stage of the proceedings.
When you work with the Law Offices of David R. Silldorf, you get peace of mind knowing you are in experienced and trusted hands. Our reputation is to represent our clients fearlessly and aggressively, and we will do just that. We care about each of our clients and are determined to help. We are available 24/7 and will keep you updated on everything happening with your case. Call today for your free consultation so we can start fighting for your rights.
During your initial consultation, we will walk you through the charges and allegations, explain our representation process, answer any questions you may have, and let you know what the next steps of your case should be. After our consultation, we will get to work right away to examine your case and start building a solid defense. At the Law Offices of David R. Silldorf, we work tirelessly to gather evidence, identify helpful witnesses, look for holes in the prosecution’s case, conduct our own investigation, establish a strong defense strategy, and do everything we can to get the best possible result for your case.
We go beyond the other murder defense attorneys. That means investigating your case further and taking an aggressive approach in court to discredit the prosecution’s evidence while presenting you to the jury in the best possible way. Understanding your particular case and how the facts and law can work together to get the best outcome is how we work. Our results speak for themselves.
If you are looking for an aggressive criminal defense attorney who will stop at nothing to help you get the best possible outcome for your case, you have come to the right place. David Silldorf and his associates have more than 45 years of experience defending people accused of all types of crime. When you choose David Silldorf Law, you can rest assured you are doing everything you can to best position yourself against the government. Do not hesitate to call today so we can begin putting together your legal defense and start fighting for you.
People v. an Individual
Transportation & possession of controlled substances for sale.
People v. an Individual
[no case filed]
Client was arrested for illegally transporting illegal aliens and aiding and abetting. Government agreed to NO CHARGES FILED against Client due to early intervention by defense team and negotiations.
People v. an Individual
Felony drug possession in 2008. REDUCED felony to a misdemeanor pursuant to Prop 47.
We’ll fight for you so you get the results you deserve.