Drug Trafficking HS 11352
In California, drug trafficking is a serious offense that can range from small-scale possession to large-scale distribution, and it often comes with severe legal consequences. If you find yourself facing charges under Health and Safety Code 11352, it’s crucial to act quickly to protect your rights and quality of life.
At Elite Criminal Defense, we are here to help you navigate the complexities of drug trafficking cases. Our trusted attorneys can guide you through every step of the legal process, ensuring that you have a robust defense strategy tailored to your specific situation.
What Is California Law on the Sale of a Controlled Substance?
Facing drug trafficking charges is a serious matter, and understanding the laws involved is key to building a strong defense. In California, the sale or transport of controlled substances is illegal. This includes not only well-known drugs like cocaine or heroin, but also some prescription medications and less common hallucinogens.
Given the wide range of substances and activities covered by the law, it’s essential to consult an attorney for guidance. Your lawyer can help identify the best defense strategy for your situation and walk you through all your available options.
What Must a Prosecutor Prove for an HS 11352 Conviction?
Preparing for a drug trafficking case means, in part, anticipating the prosecution’s strategy. They’ll work hard to secure a conviction, but they must prove specific details to do so.
When a prosecutor is trying to convict you, they need to show the following:
- You sold, furnished, gave away, or transported a controlled substance
- You knew that the drug was there
- You were aware that would you had was a controlled substance
- There was a usable amount of the drug, rather than just residue or traces
A prosecutor may also try to prove that you offered to transport, sell, or furnish a controlled substance. In that case, they will need to demonstrate that you actually intended to do so.
What Are the Penalties for Transporting a Controlled Substance HS 11352?
Building a strong defense is crucial to counter the prosecution’s efforts to convict you, especially under California’s HS 11352 for drug trafficking. Failure to do so could result in severe penalties, including up to nine years in prison and fines of up to $20,000. Such consequences can have a lasting impact on your life, both financially and personally.
But the risks don’t stop there. You may also face additional penalties and repercussions that could further complicate your case.
But what other penalties could you face? Below are a few types of changes or penalties that may impact your case.
Aggravating Factors/Enhanced Sentences
While the penalties for drug trafficking are already severe, certain aggravating factors can act as potential sentence enhancers, meaning they can add time to your sentence. Aggravating factors do not add new charges, but enhance your current ones.
Here are some examples of aggravating factors that can apply to drug trafficking charges:
- Drug trafficking near homeless shelters or facilities involved in drug treatment, which can add a year to your sentence under certain circumstances
- Knowingly furnishing drugs to someone who was being treated for a drug issue, pregnant, or previously convicted of certain violent felonies, which can lead to the harshest possible sentence
- Having past convictions for drug crimes (excluding drug use), which can add three years per conviction to your sentence
Immigration Consequences
If you’re an immigrant, a drug trafficking conviction could have additional repercussions, including the threat of deportation.
That’s because drug trafficking is a so-called “deportable” offense under federal law. That means that, if you’re convicted on this charge, you could be deported. That’s regardless of your current immigration status.
Deportation can separate you from your family, making them fend for themselves and putting you in a vulnerable position. That’s why securing legal representation is crucial, especially if deportation is on the table.
Sale or Transport of Drugs Involving Minors
In California, under HS 11352, you can be charged separately if you are trafficking drugs in a way that involves minors.
You break this law if you’re 18 years old or older and you:
- Use someone under 18 to help sell or move drugs
- Give drugs to a kid or try to sell drugs to a kid
If you’re convicted on that charge, you could go to state prison for as long as nine years, depending on the circumstances.
And extra time can be added to your sentence if the drugs involved were heroin, cocaine, or crack or the alleged trafficking happened close to a school, church, or place where kids hang out often.
Keep in mind that how much older you are than the child involved can also have an effect on your potential penalties. Specifically, if you’re four or more years older than the child, you may face additional years behind bars.
How Can I Fight HS 11352 Drug Transportation Charges?
If you’re accused of drug transportation under HS 11352, you need a strong defense to dodge tough penalties. Act now to find the best defense for your future.
Not sure what the best defense is for you? Look at the common defenses we list below and discuss your options with a qualified criminal defense attorney.
Police Misconduct
When you were arrested, the police may not have handled your arrest and booking correctly. Your rights may not have been respected, or you may not have been read your Miranda rights.
When the police fail to take the proper procedures through the arrest process, the outcome of your case can be affected. In some cases, police misconduct can lead to charges being dismissed.
Your attorney can help you understand whether police misconduct is a viable defense in your particular drug trafficking case.
Lack of Knowledge
You may have been unaware of the drugs anywhere in your motor vehicle or on your person. For example, another person may have stashed drugs in your car, only for you to be pulled over and searched.
Proving that you had no idea the substances were present can be difficult. With the right attorney on your side, however, you can prove you were unaware of the drugs and build your defense from there.
Absence of Intent
When the prosecution is trying to place drug trafficking charges on you, intent matters. If you did not intend to participate in these drug trafficking activities, you may have a viable path to avoid the penalties.
For example, if you were charged with drug trafficking because you offered to transport a large amount of cocaine, you could work to demonstrate that you had no intent to actually transport the drugs or perhaps no ability to do so.
Entrapment
In some cases, you may feel that you were pushed or bullied into transporting, selling, or furnishing drugs, only to find the people you were talking to or police officers. If law enforcement agents do not follow proper protocol, any evidence gained this way may be questioned.
For example, an undercover police officer may have threatened you if you did not accept a drug trafficking-related task, only to arrest you for agreeing. Talk to your attorney about what exactly was said and what you can do to take action.
Unlawful Search and Seizure
Your Fourth Amendment rights protect you from unlawful search and seizure. This means a police officer cannot search your vehicle or person without probable cause to suspect you are committing a crime.
Evidence against you that was obtained unlawfully may be questioned in your case and, ultimately, not used against you.
Proof of unlawful search and seizure can be a huge boost to your defense, so contact an attorney if you believe that the police may have illegally obtained evidence used against you.
What Are Crimes Related to HS 11352?
As you build your defense against drug trafficking charges, remember you might face other charges too. These extra charges can pile up, making your penalties even worse.
Worried about the effects on your record? Speak to your attorney about combating other possible charges that may arise. We have the resources to help you fight back.
HS 11351 Possession for Sale
Drug possession with the intent to sell differs from drug trafficking charges in that it may refer to a smaller amount and does not account for the actual transportation or sale of the drugs. It’s just about having drugs in your possession with the intent to sell them at some point.
It’s less serious than drug trafficking, but this is still a serious legal charge.
HS 11357.5 and 11375.5 Sale of Synthetic (Designer) Drugs
HS 11357.5 defines the sale or sharing of synthetic cannabis or other synthetic drugs as a crime.
Synthetic marijuana is considered a potential health threat in California. Talk to your attorney about the specific penalties you may face for criminal offenses like these.
HS 11360 Sale or Transportation of Marijuana
While marijuana is seeing an ongoing legalization process, including the enactment of California’s Prop 64, there are still exceptions to legalization, and those exceptions can lead to serious charges such as those under HS 11360.
It is still illegal in California to sell or transport any amount of marijuana. While California laws are becoming more lax on marijuana charges, you may still face charges, so talk with an attorney about your options.
HS 11366 Opening or Maintaining a Drug House
A drug house can include any house, apartment, or other building used repeatedly for the purpose of selling, using, or giving away illegal drugs. If you are accused of opening or maintaining one of these places, the legal penalties can be harsh.
Much like many other drug-related offenses, the severity of your charge depends on other factors, such as whether you have prior convictions and the types and amounts of people or drugs at this drug house.
Talk to your attorney about protecting your future if you are accused of running a drug house.
HS 11370.9 Money Laundering the Proceeds of Drug Sales
Money laundering is already a separate, non-drug-related crime. But laundering money used for the buying and selling of drugs can lead to harsher penalties in addition to the penalties for related charges you may already be facing.
Because this can be a felony charge, it is vital that you speak to a respected criminal defense attorney. Your attorney can help you prepare the best possible defense when you are facing devastating charges.
HS 10975 and 11355 Sale of Imitation Drugs
Imitation controlled substances, such as fake medication, can be especially dangerous to people because they are unaware of what substances they are taking.
That lack of knowledge can make this more dangerous for other people, and it may lead to further misdemeanor or felony charges.
This particular charge can apply to selling fake controlled substances in general or after offering to sell or transport a real controlled substance. And it can be a felony or misdemeanor, depending on the circumstances.
HS 11379 Sale or Transportation of Methamphetamines
Methamphetamines are highly addictive stimulants and their sale and transport are strictly controlled, just like other Schedule 1 drugs. This charge is highly similar to drug trafficking under HS 11352, but it involves methamphetamines and other drugs.
If you’re charged with offenses related to these substances, you’re looking at potential felony penalties. Such consequences can affect you for the rest of your life. Consult an attorney to explore your defense options.
Connect with a Criminal Defense
Attorney in San Diego
Drug trafficking charges can seriously harm your life, including the risk of long-term imprisonment. These penalties can follow you forever if you don’t defend yourself. And taking on the prosecution without legal help is a big risk.
At Elite Criminal Defense, we craft strong defenses for various charges, including drug trafficking under HS 11352. Our experienced attorneys can help guide you toward reducing the charges or severity of the penalties you’re up against.Ready to talk to a lawyer? Contact our team for a consultation. Call us at 619-642-2310 or use our online contact form to reach us.
