Selling and purchasing drugs is sometimes a dangerous transaction, particularly if there is a large quantity of drugs in question. As such, it is not surprising that people arrested for violating California’s Controlled Substances Act are also often found with firearms, and sometimes charged with an additional offense.
The laws surrounding drugs and guns in The Golden State are complex, and it is not surprising that so many people are surprised to find themselves facing charges. It becomes even more disconcerting when they realize the penalties for selling drugs with a gun are extremely harsh and could result in them serving time in prison. A California criminal defense lawyer can help you beat the charges.
The law on selling drugs with a gun is outlined in California’s Health and Safety Code, Section 11370.1. To secure a conviction for this offense, the prosecution must prove certain elements, which include:
- The defendant used a gun while selling specific types of drugs, which include LSD, heroin, meth, and PCP
- The firearm in question must have been loaded and operable and not locked away or empty of ammo
- The firearm must have been accessible close enough in the same location to use for offensive or defensive purposes
- If the above requirements do not apply to a case, you cannot be convicted of committing a criminal offense
- If the above requirements do apply to your case, you could face serious penalties and should speak with a lawyer
The consequences of a conviction for selling drugs with a gun are very serious and you could even be sentenced to time in prison. A California criminal defense lawyer can further explain the elements the prosecution must prove and refute their arguments to give you the best chance of beating your charges, or getting them dismissed altogether. After fully examining the facts of your case, a lawyer can advise on the defenses available.
The penalties for selling specific drugs with guns include jail time, high fines, and a possible ban from owning or possessing a firearm in the future. This is why it is so important to work with a lawyer when facing charges. Specifically, the penalties you face may include:
- Two to four years in prison, depending on the circumstances surrounding the case, and whether you have a previous criminal record
- A maximum fine up to $10,000, although the amount of the fine can be lowered in certain situations, particularly if it is a first offense, and
- Alternative sentencing, such as California’s drug diversion program, is not available after a conviction for selling drugs with guns, but probation sometimes is
Due to the very serious penalties associated with selling drugs with guns, it is imperative to work with a criminal defense lawyer that can devise strategies for a positive outcome.
If you have been charged with
Selling drugs with a gun, call 805-477-0070 now.
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At The Law Offices of David Lehr, our California criminal defense lawyers know that law enforcement agencies and the prosecution for the state sometimes get things wrong and charge innocent individuals. If you are fighting charges of selling drugs with a gun, we know the defenses that can get your charges reduced or dismissed. If you have been charged, call us today or contact us online to schedule a free case review and to learn more about how we can help.
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