California has strict drug laws. These laws regulate the cultivation, manufacture, sale, transportation, and misuse of certain drugs and chemicals. A violation of California drug laws will result in an arrest and criminal charges. While some drug crimes attract misdemeanor charges, there are times when the prosecution will file and pursue a felony drug charge against you.
Whether or not you will face a felony drug charge will depend on the different circumstances of your case and your criminal history. Therefore, the stakes are high for defendants facing charges for a drug crime. This is because your conviction may result in severe legal and collateral consequences.
If you or a loved one faces charges for a felony drug crime, you must be aggressive to fight the charges and avoid the consequences of a conviction. You can hire and retain a skilled lawyer throughout your case. Your attorney will help you understand the factors that make your crime a felony and build a solid defense against the charges.
The following are some of the factors that make a drug crime a felony in California:
Type of Drug Involved
You can be charged with a drug crime for possession, use, sale, transportation, or cultivation of different drugs in California. The drug laws not only address illegal narcotics but also prescription medications obtained without a valid prescription. One of the most significant factors that affect the nature of your drug charge is the type of drug involved in your case.
Drugs or controlled substances are classified into different categories. The substances are often grouped according to their impact on the user’s mental or physical well-being.
Schedule I
The drugs that fall under Schedule I controlled substances are the most dangerous and produce severe addictive effects for the user. These drugs are primarily for abuse and have no medical significance or benefit. The drugs in this category include ecstasy, heroin, cocaine, PCP, and peyote. Abuse of these drugs can result in severe mental and health effects on the user. For this reason, criminal charges involving possession, sale, transportation, or use of these substances are severe.
Schedule II
The substances under this schedule have few medical uses but have the potential to cause addiction and dependency. Many of the drugs in this category are risky when abused. In addition to the stimulants and depressants, Schedule II of controlled substances contains opiates, including:
- Methamphetamine.
- Cocaine.
- Barbitals.
- Opium.
- Ritalin.
- Codeine.
- Hydrocodone.
Schedule III
This is the midpoint for controlled substances. The drugs that fall under this category have some medical value but can also cause addiction when used incorrectly. Substances under Schedule III are more addictive compared to those on Schedules IV and V. These substances include:
- Steroids.
- Testosterone.
- Clortermine.
- Ketamine.
- Pentobarbital.
- Benzphetamine.
Schedule IV
Drugs on Schedule IV of controlled substances carry significant medical value. Most of these drugs are prescription drugs, which can be addictive with prolonged use. For this reason, California law regulates their possession, purchase, and use. The drugs in this category include:
- Xanax.
- Pemoline.
- Tramadol.
- Ambien.
- Ativan.
Schedule V
The substances under this schedule are mostly prescription medications used to treat different medical conditions. Their addiction risk is low, and they carry significant health benefits. Most substances on Schedule V are legal, but you must obtain them with a prescription and in the right amounts, including:
- Diphenoxylate.
- Ethylmorphine.
- Dihydrocodeine.
- Codeine.
- Difenoxin.
You can face charges for possession, sale, or distribution of a controlled substance under any of these schedules. However, your charges may be more severe if your crime involves a Schedule I or II substance. Most of these substances attract felony charges and severe legal consequences.
Quantity of the Drug
You can be arrested and charged with a drug crime, provided the amount of the drugs involved in your case is usable. A substance is considered usable if it is enough to produce mental or physical effects on the user. Even for drugs like marijuana, which are legal in the state, the law regulates the quantity that you can legally cultivate or possess.
If you are charged with the cultivation, possession, or transportation of a controlled substance, the quantity of the substance will determine the nature of your charges. Individuals arrested for possession or transportation of large amounts of drugs often face serious felony charges.
For example, it is legal for individuals over 21 years old to possess up to 28.5 grams of marijuana. Possession of a slightly higher quantity of the drug can result in a misdemeanor charge. However, if the amount you possess or cultivate is significantly higher than the legal amount, you risk facing felony charges.
In addition to impacting the nature of your charges, the possession of large quantities of a drug can result in:
- Enhanced penalties. Large quantities of controlled substances mean that they will be used by many people, which could affect society significantly. Therefore, you will face additional penalties for your case's increased quantity of controlled substances.
- Mandatory minimum sentences. The quantity of drugs you manufacture, possess, or intend to sell can cause the court to impose a mandatory minimum sentence after your conviction.
Whether you Possess the Drugs for Personal Use or Sale
Possession of some drugs, like marijuana, is legal when you possess the right quantities for recreational use. Possession of other controlled substances without a valid prescription attracts misdemeanor charges. A conviction for a misdemeanor drug crime will result in a maximum jail sentence of up to one year and $10,000. Sometimes, you can avoid incarceration through probation or a drug diversion program.
However, if you possess a controlled substance with the intent to sell it or exchange it for another valuable item, the prosecution will pursue felony charges against you. Prosecutors are aggressive when prosecuting individuals who engage in the sale of drugs or solicit other people to sell the drugs.
The element of intent to sell the drugs is critical in this case and must be proven beyond a reasonable doubt before the prosecution pursues the felony charge. Some of the factors that could help establish your intent to sell a controlled substance include:
- Quantity of the substance. The prosecution may prove that you intended to sell the drug in your possession when you possess more than is necessary for use by an average person. In this case, you may need a skilled attorney to help you establish that the drugs in your possession were for personal use. This could help you avoid a felony charge and face a misdemeanor drug possession charge with lesser penalties.
- Packaging of the drugs. Before the prosecution proves that you possess a controlled substance to sell it, they will consider different factors. The packaging of the drugs found in your possession can be a damning piece of evidence when proving the intent to sell. If the drugs are in balloons, baggies, or bundles, you can be charged with a felony.
- Presence of drug paraphernalia. Under California law, drug paraphernalia is any item used in administration packaging, weighing, or compounding controlled substances. When you are arrested for a drug crime, law enforcement officers will perform further investigations to determine the presence of paraphernalia associated with sales. If you are found with items like weighing scales, tools for diluting and separating drugs, or measuring instruments, you can be charged with possession for sale.
- Being intoxicated. Although being under drug influence is not solely sufficient to show an intent to sell the drugs, prosecutors assume that most dealers are also drug users. Therefore, being under the influence and in possession of a drug can put you under suspicion of sales.
The Presence of Aggravating Factors Around Your Drug Charge
Under California law, the factors surrounding your case play a significant role in filing charges and punishment. An aggravating factor is a circumstance that makes your crime more serious. If you are arrested for a drug crime, the presence of these aggravating circumstances can compel the prosecution to pursue a felony charge:
Sale of Drugs to or Around Minors
California drug laws are strict in protecting minors from the impact of drug use. Therefore, it is unlawful to sell traffic or involve a minor in drug activities. If you are charged with a crime like possession, manufacture, or sale of a controlled substance, the involvement of a child or their presence in the location where these activities take place can result in a felony charge.
Driving Under the Influence
It is unlawful to drive under the influence of drugs in California. This is because drug use could impair a person’s physical and mental status, resulting in severe collisions. DUID is a severe offense that, on its own, can have severe and life-changing consequences.
Although driving under the influence of drugs is a separate offense, having a controlled substance combined with DUID can result in a felony criminal charge.
Possession of Firearms
Under California Health and Safety Code 11370.1, it is illegal to possess a dischargeable firearm while in possession of drugs. Possession of an operable firearm may be an indication of an intent to commit a crime. A conviction for possession of a gun together with a controlled substance is a felony that carries a prison sentence of up to seven years.
In addition to this punishment, your underlying drug crime will be charged as a felony. This could see you spend significant time behind bars, among other legal penalties.
Causing injury or Death to Other People
Causing severe injury or death to another person while committing a drug crime is a significant aggravating factor in your case. This can cause the prosecution to file felony charges against you for an offense that could have otherwise resulted in a misdemeanor charge. Inflicting injury or causing death indicates your disregard for the safety of other people. If the prosecution in your case introduces this factor, you must have a skilled drug crime defense attorney.
Possession of Controlled Substances Near Prohibited Areas
Even for substances like marijuana, whose possession for recreation is legal, there are restrictions on where you can use or possess the substance. The use of marijuana is only legal when done in private spaces away from the public. If you possess a controlled substance near a school or a drug treatment center, you risk facing a felony charge.
Organized Crime
Involvement in organized crime or gang activities is enough to elevate your drug crime to a serious felony under California law. This is because the connection between your drug-related activities and involvement in organized crime will raise concerns about the extent and sophistication of drug crimes.
Engaging in organized crime leads to charges of conspiracy, gang enhancement, and racketeering. Additionally, this can cause the prosecution to file a felony charge for your drug-related activities. Sometimes, involvement in organized crime is a federal crime, which can cause your drug crime to be charged in federal court.
Criminal charges addressed in federal court are prosecuted aggressively, and the consequences of a conviction are severe. In federal court, there are mandatory minimum sentences, meaning you must serve a specific portion of your sentence before you are eligible for a relapse.
Resisting Arrest and Tampering with Evidence
Sometimes, law enforcement officers will engage in a sting operation or send undercover officers to investigate your involvement in drug-related activities. For this reason, most drug crime arrests come as a surprise to defendants. Your conduct during the arrest for your drug crime can impact the nature of your charges and the severity of the penalties you face.
Although resisting arrest or tampering with evidence is not related to drug activity, it can cause a complex legal situation that leads to heightened tension. In this case, your drug crime charges will be elevated to a felony, which means harsher penalties and collateral consequences.
Your Criminal History
California law is strict on repeat offenders. Being a repeat offender indicates a disregard for the laws and an inability to rehabilitate from past mistakes. When you face an arrest for a drug crime, the prosecution will assess the different circumstances of your case before filing the charges. If you have a prior conviction for a drug crime, your drug crime could be charged as a felony.
Additionally, you may face a felony charge if you have a history of other felony offenses, even when they are not related to the underlying drug crime. Charging a repeat offender with a felony ensures that they face maximum punishment for their repeated criminal activity.
Using Technology to Commit the Drug Crime
You could use technology to commit a drug crime by advertising the sale of drugs via email or text. Additionally, communicating with a potential drug buyer via the Internet could be significant evidence for prosecutors when proving an intent to sell, the sale of drugs, and coordination. The involvement of technology can elevate your misdemeanor drug crime into a felony.
This means you will face harsher penalties for the offense. The legal consequences of your crime are more severe when there is the use of cryptocurrency and the dark web for drug transactions. If you used technology to make a drug transaction between state lines, the federal court may be involved in your case.
Penalties for Felony Drug Crimes
If your drug crime has factors that make it a felony, you must aggressively fight to have these factors eliminated. If you are convicted of a felony drug crime, you risk facing severe legal and collateral consequences, including:
Incarceration. After a felony conviction for drug possession, sale, or distribution, you could spend a significant amount of time in state prison. Unlike misdemeanor drug charges, where you can avoid a conviction through probation and drug diversion, you must serve a prison sentence for your felony conviction.
- In addition to incarceration, you will face hefty fines for a felony drug conviction.
- Formal probation. If you are a first-time offender facing a felony drug charge, the court may sentence you to probation. Felony probation will allow you to deserve part of your prison sentence for community service. When sending you to probation, the judge will impose some conditions you must fulfill through the probation period.
- For immigrants in the United States, having a drug crime elevated to a felony can have far worse consequences than incarceration and fines. After your conviction, you could be forcefully removed from the country through deportation.
Find a Reliable Drug Crime Defense Lawyer Near Me
California law makes possessing, manufacturing, selling, or transporting certain substances a crime. These controlled substances range from illegal narcotics like heroin and cocaine to prescription medications like sleeping pills. Facing an arrest and criminal charges for a drug-related offense can be a terrifying experience. Whether you face a misdemeanor or felony charge, the potential consequences of the conviction can have a lasting impact on your life.
However, you will have more to lose if you are charged with a felony drug offense. This is because the conviction leaves you with a permanent criminal record and ‘felon status. In most cases, your drug crime will result in felony charges if you have a lengthy criminal history, you are involved in drug trafficking, or you commit other felonies along with the drug crime.
Understanding what makes a drug crime a felony in California is critical to ensuring that you avoid the crime and defend yourself appropriately if you are charged with the offense. At The Los Angeles Criminal Defense Attorney, we offer expert legal guidance and representation to all clients battling felony drug charges in Los Angeles, CA. Call us today at 310-564-2605 for much-needed legal insight.
