What is possession of a controlled substance with intent to sell?
California Health and Safety Code section 11351 makes it illegal to possess a controlled substance with the intent to sell it to another. Under the United States Controlled Substances Act, a controlled substance can constitute both illegal narcotics and legal prescription drugs. The sentencing and punishment associated with a conviction for possession of a controlled substance with intent to sell can be severe, and you should speak to one of our experienced drug defense lawyers at Wallin & Klarich today in order to receive the immediate assistance you need during this difficult process.
In order to convict you of possession of a controlled substance for sale under California Health and Safety Code section 11351, the prosecution must prove the following:
1. You unlawfully possessed a controlled substance AND
2. You knew of its presence AND
3. You knew of the substance’s nature or character as a controlled substance AND
4. When you possessed the controlled substance, you intended to sell it AND
5. The controlled substance was in a usable amount
Defenses to a charge of possession of a controlled substance for sale
There are a number of defenses to a charge of possession of a controlled substance for sale that a California drug defense lawyer at Wallin & Klarich can raise on your behalf. These include:
- Failure to follow police procedures
- Momentary possession
- Lack of control or possession
- Lack of awareness or knowledge
- Valid prescription
- Lack of intent to sell
Each of these defenses can be raised depending upon the facts of your individual case. Be sure to consult a criminal defense attorney at Wallin & Klarich to learn more.
Punishment for a conviction for possession of a controlled substance with intent to sell
According to the California Health and Safety Code section 11351, possession of a controlled substance for sale is a felony, and the punishment for a conviction for possession of a controlled substance consists of 2, 3 or 4 years in county jail.
Possession of a controlled substance for sale FAQ’s
To help you understand the various aspects of a possession of a controlled substance for sale charge, our attorneys at Wallin & Klarich have provided answers to some of the most commonly asked questions pertaining to HS 11351 in our FAQ section. There, you can find answers to questions like:
If I had possession of a controlled substance but it was for personal use, can I still be charged with possession for sale?
If the drugs were found in my car and not on my person, can I still be convicted of possession of a controlled substance for sale?
Can an attorney help reduce my possession of a controlled for sale charge to a lesser offense?
Where can I find the most experienced drug defense attorney in California?
If you are confronted with accusations of possession of a controlled substance for sale, it is essential that you contact an experienced California defense lawyer who is familiar with such cases. With offices in Orange County, Los Angeles, Torrance, Sherman Oaks, San Diego, Riverside, San Bernardino, Ventura, Victorville and West Covina, Wallin & Klarich has successfully represented clients facing charges for possession of a controlled substance for sale for over 30 years. We have the knowledge and the know-how to win your case.
Call us today at (877) 4-NO-JAIL (466-5245) or fill out our client information form. We will get through this together.