Drug possession is a very serious crime in the state of California. If you get prosecuted for the said crime, the legal consequences are quite heavy. The severity of the offense and the corresponding penalties therefore depend on a designated “schedule.” This is actually a system designed to categorize the extent of the crime so that the proper penalties can be imposed. So there are drug offenses that are considered as more dangerous under pertinent laws in the state and consequently, harsher penalties are meted out.
Drug possession charges in the state are also further classified as either misdemeanors or felonies. What is the significance in knowing about the difference between these two? For one, you will come to find that when the charge falls under a misdemeanor, it actually carries less severe penalties than when it is classified as a felony. So when does the offense fall under the misdemeanor category? Basically, when you are in possession of Marijuana or drug related items, then the offense will be considered as a misdemeanour. For drug related items, it must be additionally shown that the offender was under the influence of drugs at that time. The burden of proof rests on the prosecution to show that the offender was in control of such drugs or drug related items at the time of the arrest.
Possession of drugs outside of Marijuana will now fall under a felony charge. Also, charges of possession with intention to sell also fall under felonies, regardless of whether the individual was selling marijuana or other drugs. Additionally, drug trafficking and the development of drugs for any purpose whatsoever are also lumped together under the “drug possession as a felony” category. This is why it is absolutely essential that you should seek the assistance of a highly experienced criminal defense attorney particularly in the field of drug defense in the unlikely event that a charge is made upon your person.
Your attorney will have to examine the factual background of your case and see whether or not the proper steps were undertaken by the police authorities in arresting you. Illegal steps such as violating your rights under the Fourth Amendment or issuing warrants without probable cause can lead to the possible dismissal of the case. Moreover, the sooner you solicit legal assistance, the sooner your attorney can take all the necessary actions to prevent harsher penalties from being imposed. There are many cases wherein a drug possession felony case can be downgraded to a misdemeanor one or the penalties reduced considerably owing to the negotiation skills and timely interference of your attorney.
