DRUG CRIMES DEFENSE

Overview

California aggressively prosecutes drug-related offenses. Whether you’re facing charges for simple possession or alleged trafficking, the penalties can be life-altering—especially if you have a prior record or the case involves controlled substances like fentanyl, methamphetamine, or heroin. At Jones Trial Attorneys, we have extensive experience defending clients against all types of drug charges and helping them avoid incarceration, secure diversion, or beat the charges entirely.


We understand what’s at stake: your freedom, your future, and your record.



Legal Definition

Drug crimes in California are typically prosecuted under the California Health and Safety Code, with some offenses also prosecuted under federal law. These statutes cover activities such as:


  • Possession (simple or with intent to sell)
  • Transportation or sale
  • Manufacture or cultivation
  • Prescription fraud
  • Drug paraphernalia possession



The severity of the charge depends on the type and quantity of the drug, your criminal history, and whether there are aggravating factors like firearms or minors involved.


Common Drug Offenses We Defend

Below are some of the most common California drug crimes we handle:


HS 11350 – Possession of a Controlled Substance

This statute criminalizes possessing drugs like cocaine, heroin, or prescription medications without a valid prescription. Usually charged as a misdemeanor unless aggravating factors exist.


HS 11351 – Possession for Sale

Charged when there’s evidence suggesting the drugs were not for personal use (e.g., large quantity, scales, packaging). This is a felony offense.



HS 11352 – Sale or Transportation

Selling, furnishing, administering, or transporting controlled substances can lead to multi-year prison terms.



HS 11357 – Marijuana Offenses

Although marijuana is legal in California, possessing more than 28.5 grams or selling without a license can still lead to criminal charges.



HS 11379 – Sale/Transport of Methamphetamine

This felony offense carries stiff penalties, especially with enhancements for prior convictions or large quantities.


HS 11364 – Possession of Drug Paraphernalia

Possessing items like syringes, pipes, or spoons for drug use can be charged as a misdemeanor.


Penalties

Drug crime penalties in California vary based on the offense, prior history, and whether diversion is available. Possible consequences include:


  • Jail or prison time
  • Hefty fines
  • Probation or parole
  • Loss of professional licenses
  • Driver’s license suspension
  • Asset forfeiture
  • Mandatory registration as a narcotics offender



Felony convictions may carry sentencing enhancements if the offense occurs near schools, involves minors, or includes weapons.


Legal Defenses to Drug Charges

At Jones Trial Attorneys, we aggressively pursue every available defense. Common strategies include:


  • Unlawful Search and Seizure – If police found drugs through an illegal search, the evidence may be suppressed.
  • Lack of Knowledge – You must have knowingly possessed the drug. If someone else left it in your car or home, you may have a defense.
  • Valid Prescription – Having a valid medical prescription for substances like oxycodone or Xanax is a complete defense.
  • Entrapment – If law enforcement induced the offense through undercover operations, charges may be dismissed.
  • Crime Lab Issues – We scrutinize whether the alleged substance was properly tested and stored.
  • Chain of Custody Violations – Improper handling of evidence can lead to dismissal.


Immigration & Employment Consequences

Drug convictions can have devastating collateral consequences, especially for non-citizens and licensed professionals. A conviction may lead to:


  • Deportation or inadmissibility
  • Loss of DACA or green card status
  • Revocation of state licenses (nurses, teachers, attorneys, contractors)
  • Termination of employment
  • Difficulty securing housing or loans


We tailor our defense strategy with these consequences in mind, often exploring pre-plea diversion or immigration-safe resolutions.


Related Offenses

  • HS 11366 – Maintaining a drug house
  • HS 11359 – Marijuana sales
  • PC 182 – Drug conspiracy
  • VC 23152(f) – Driving under the influence of drugs (DUID)


If your case involves multiple charges or enhancements, we can help develop a comprehensive defense plan.



Why Choose Jones Trial Attorneys?

We don’t just negotiate deals. We prepare every case as if it’s going to trial. Our team understands how to challenge bad searches, expose unreliable witnesses, and protect your constitutional rights. We’re experienced in negotiating alternative sentencing like diversion, rehabilitation, or drug court when it’s in your best interest—and fighting for a full acquittal when it’s not.



Call Now – Free Consultation

If you or someone you love is facing drug charges in California, don’t wait. Early intervention by a knowledgeable attorney can drastically change the outcome.


📞 Call (866) JTA-WINS or contact us online to schedule a confidential, no-obligation case evaluation.

Schedule a Free Consultation with an Expert Criminal Defense Attorney

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FREQUENTLY DEFENDED CHARGES

PC69-Resisting an Executive Officer

PC148-Resisting Arrest

PC187-Murder

PC187-Watson Murder

PC189-Felony Murder

PC664/187-Attempted Murder

PC191.5-Gross Vehicular Manslaughter While Intoxicated

PC192-Manslaughter

PC192(a)-Voluntary Manslaughter

PC192(b)-Involuntary Manslaughter

PC192(c)-Gross Vehicular Manslaughter

PC211-Robbery

PC215-Carjacking

PC240-Assault

PC242-Battery

PC243(b/c)-Battery on a Peace Officer

PC243(d)-Battery Causing Serious Injury

PC243(e)(1)-Domestic Battery

PC245(a)(1)-Assault with a Deadly Weapon

PC245(a)(4)-Assault with Force Likely to Cause Great Bodily Injury

PC246-Shooting at an Inhabited Dwelling or Vehicle

PC246.3-Negligent Discharge of a Firearm

PC261-Rape

PC261.5-Statutory Rape

PC273a-Child Endangerment

PC273.5-Corporal Injury to Spouse

PC417-Brandishing a Weapon

PC422-Criminal Threats

PC451-Arson

PC459-Burglary

PC459.5-Shoplifting

PC470-Forgery

PC484(e)-Credit Card Fraud

PC487-Grand Theft

PC487d1-Grand Theft Auto

PC488-Petty Theft

PC496-Receiving Stolen Property

PC503-Embezzlement

PC530.5-Identity Theft

PC594-Vandalism

PC602-Trespass

PC646(f)-Public Intoxication

PC646.9-Stalking

PC25400-Carrying a Concealed Firearm

PC26100-Drive-By Shooting

PC29800-Felon in Possession of a Firearm

PC30305-Possession of Ammunition by a Prohibited Person

VC10851-Joyriding

VC14601-Driving on a Suspended License

VC20002-Hit and Run

VC23103-Reckless Driving

VC23103.5-Wet Reckless

VC23152-Driving Under the Influence (DUI)

VC23153-DUI Causing Injury

HS11350-Possession of a Controlled Substance

HS11350-Possession of Fentanyl

HS11351-Possession for Sale

HS11352-Drug Transportation and Sales

HS11364-Possession of Drug Paraphernalia

HS11370.1-Possession of Drugs while Armed

HS11377-Possession of Methamphetamine

Firearm Enhancement

Gang Enhancement

Great Bodily Injury Enhancement

Strike Offenses

Wobbler Offenses

Common Aggravating Factors