California Health and Safety Code Section 11352 makes it a felony, punishable by up to nine years, to transport, import into this state, sell, furnish, administer, or give away most controlled substances. These substances include cocaine, heroine, peyote, LSD, codeine, oxycodone/oxycontin, and hydrocodone/vicodin. It does not cover methamphetamine or marijuana, which are covered by Sections 11379 and 11360. As used in this section, “transport” means to move drugs from one location to another for the purposes of selling the drugs.
Understanding California Health and Safety Code Section 11352
Key Elements of Section 11352
California Health and Safety Code Section 11352 is a legislative measure that addresses the illegal transportation, importation, selling, or giving away of certain controlled substances. Understanding its key elements is crucial for both Orange County criminal defense attorneys and the general public. Firstly, the substances covered under this section typically include opiates, opium derivatives, and hallucinogens, among others.
The Orange County District Attorney must prove several elements to establish a violation of Section 11352. The accused must have knowingly engaged in the transportation, sale, furnishing, administering, or giving away of a controlled substance. Importantly, the intent to engage in any of these activities is a critical element — mere possession without intent to distribute or sell does not fall under this statute. Additionally, the act must involve a sufficient quantity of the drug to suggest use beyond personal consumption, indicating an intention toward distribution.
Penalties for Violations
Penalties for violating Section 11352 are severe and are intended to serve as a deterrent to would-be offenders. The consequences can vary depending on the amount of drugs involved, prior convictions, and whether minors were targeted or involved. Typically, violations result in felony charges, carrying substantial prison terms ranging from three to nine years in California state prison. In cases where large quantities of drugs are transported across county lines, the penalties can escalate, potentially doubling the maximum prison time.
In addition to imprisonment, fines can also be imposed, often reaching up to $20,000. Moreover, a conviction can lead to more than just legal penalties. It can affect a person’s ability to secure employment, housing, and professional licensing in the future, underscoring the long-term impact of a conviction under this statute.
Possible Defenses against Charges
Defending against charges brought under Section 11352 requires a nuanced understanding of both the law and the specifics of the case. Here are some common defenses that can be employed:
– Lack of Knowledge: your Orange County criminal defense lawyer may argue that you were unaware they were transporting or distributing controlled substances. This defense hinges on proving the absence of knowledge concerning the illicit nature of their activities.
– Lack of Intent: Your Orange County criminal defense lawyer may argue that you had no intention to sell or distribute the drugs. For example, if the defendant believed they were merely transporting a legal substance, this could negate the required element of intent under the law.
– Entrapment: This defense is applicable if the defendant committed the act as a result of coercion or encouragement from law enforcement officials, beyond simply providing an opportunity to commit the crime.
– Insufficient Evidence: Often, a criminal defense attorney may argue that the evidence presented by the prosecution does not meet the standard required for a conviction. Insufficient evidence regarding possession, control, or amount of the substance can lead to acquittal.
These defenses must be carefully crafted and presented, ideally under the guidance of a skilled criminal defense attorney who can navigate the complexities of drug law.
Legal Representation for Individuals Facing Section 11352 Charges
Importance of Legal Counsel
Securing competent legal counsel is crucial for anyone facing charges under Section 11352. Experienced Orange County criminal defense attorneys can navigate the complexities of drug trafficking laws, work to mitigate the charges, or argue for reduced penalties. Legal representation is vital not only for defending the accused in court but also for guiding them through the often overwhelming processes of arrest, booking, and pre-trial activities.
Criminal defense lawyers play a critical role in the interpretation of the law, building a strong defense strategy, and ensuring fair treatment in the justice system. For instance, a knowledgeable criminal defense attorney can challenge the legality of the evidence obtained during arrests or question the credibility of witnesses and informants. They can also negotiate plea deals or advocate for alternative sentencing instead of incarceration, which can be a pivotal factor in the final judgment.
Free Consultation with an Orange County Criminal Defense Lawyer
At The Law Office of EJ Stopyro we offer a free and confidential telephonic consultation with a skilled Orange County criminal defense lawyer. Call us today at (949) 278-6353 to schedule your consultation.