Under the California Health and Safety Code, Section 11370.1 HS, it is illegal to unlawfully possess cocaine, methamphetamine, heroin, PCP, or any combination of those drugs.. To be charged with this crime, you must have been armed with a loaded, functioning firearm at the same time you were in possession of any amount of the drugs listed above.
Being charged with possession of a controlled substance and a firearm is a very serious offense and unlike other crimes, pretrial diversion programs are not available for those accused. If you have been charged, it is imperative that you speak to a California criminal defense lawyer that can devise a strong strategy to give you the best chance of beating the charges.
The penalties for possessing certain controlled substances while also being in possession of a firearm are very serious. If you have been charged, the penalties you face may include the following:
- Anywhere between two, three, or four years in a California state prison, depending on the facts of your case
- A maximum fine of $10,000, which may be sentenced along with prison time or in lieu of a prison sentence
- A ban on owning or possessing firearms for the rest of your life, which could include your spouse’s possession, as well
- A requirement that you are honest and disclose the criminal conviction on future applications for employment
- A permanent criminal record, which can make it difficult to obtain employment, academic opportunities, and more
Being arrested is a scary experience, particularly when the potential penalties for a crime are so harsh. However, it is important to remember that not everyone charged is convicted of a crime. There are defenses available, and a California criminal defense lawyer will know what those are and how to use them to give you the best chance of a positive outcome. This is why you should call a lawyer right away.
One of the best ways to defend a case involving the possession of drugs and firearms is to challenge the arguments of the prosecution. When trying to secure a conviction, the prosecution must prove certain elements of the crime beyond a reasonable doubt. These elements are as follows:
- The defendant possessed a controlled substance in a usable amount and the defendant knew of the presence of the substance, and that it was illegal
- The controlled substance was one that is listed under the law, which is a specific list. Not all possession of drugs or firearms is against the law.
- The defendant knew of the presence of a firearm available, and that they could use it for either offensive or defensive use while is possession of drugs
It is important to remember that even when the prosecution cannot prove all of the above elements, you may still face separate charges for either possession of a controlled substance or firearm.
If you have been charged with
possession of drugs and a firearm, call 805-477-0070 now.
We can provide you with a free case review.
At the Law Offices of David Lehr, we know how complicated criminal cases involving controlled substances and firearms are, and we want to help you with your case. Our California criminal defense lawyers serve clients in Ventura, Oxnard, and Camarillo, California and we know the defense strategies that are effective and that will give you the best chance of beating your charges or getting them reduced. Call us today or contact us online to schedule a free case review.
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