Drug Crimes
A drug crime is considered any unlawful activity regarding the use, possession, sale, or cultivation of an illegal substance. Marijuana, cocaine, heroine, and methamphetamines are the most commonly used illegal substances. When a lawful medication or prescription is used in illegal activity, it is also considered a drug crime.
Possession
Each year, the U.S. federal government spends an estimated twenty billion dollars enforcing drug possession laws. A person found in possession of any amount of an illegal substance can be charged with possession. Both federal and state law consider possession of any of the following drugs a crime: cocaine, hallucinogens, heroine, LSD, marijuana, methamphetamines, PCP, and other illegal drugs. Under drug possession laws, it is also a crime to possess drug paraphernalia and accessories.
There are several factors the court will take into consideration when deciding the severity a conviction. A person charged with drug possession may face harsher penalties depending on the drug(s) in question. If the drug is likely to cause physical injury, addiction, or death, the law tends to give stricter punishments. People found with larger quantities of an illegal substance are also likely to receive tougher sentencing if convicted. In these cases, many offenders are also charged with “intent to distribute” in addition to drug possession charges. Once convicted, a judge will also take into consideration any prior drug crime offenses, a criminal record, or if the defendant was in possession of drugs close to schools, day cares, housing projects and universities.
Drug possession is a felony offense and may result in jail time, heavy fines, probation, treatment programs, community service, and registration as a drug offender.
Possession for sale
When a person is found in possession of illegal narcotics with the intent to sell them, he/she can be charged with possession for sale. The law considers it illegal to possess and sell illegal substances such as Ecstasy, marijuana, heroine, cocaine, PCP, and LSD. It is also considered a drug crime to possess and sell lawful medications and prescriptions for illegal purposes. Regardless if a sale actually occurred, a person can still be charged with possession with intent to sell.
When a person is convicted of drug possession for sale, the court considers many factors before deciding on a punishment. The court may enforce harsher penalties depending on the amount of drugs, the type of drug(s), if the defendant was selling to a minor, or if the defendant has any prior drug convictions. Punishment for possession for sale includes jail time, heavy fines, probation, community service, and registration as a drug offender.
Cultivation
Drug cultivation is the illegal growth or production of narcotics. Drug cultivation laws include natural growing substances such as marijuana plants and cannabis seeds, as well as narcotics created with the use of chemicals and laboratories like LSD, cocaine, methamphetamines, heroine, Ecstasy, etc.
Drug cultivation crimes can be tried at both the federal and state level. In most jurisdictions, drug cultivation is considered a felony offense, often resulting in severe consequences. If a person is convicted of drug cultivation they may face jail time, probation, heavy fines, community service, house arrest, drug rehabilitation or counseling, and registration as a narcotics offender.
Drug crimes are a serious criminal offense. If you have been charged with a drug crime in Los Angeles, it is vital to speak with an experienced criminal defense attorney immediately. The legal expertise of a skilled criminal defense attorney can drastically improve your chances in a court of law. A knowledgeable attorney can protect your rights and present you with legal options and extensive resources.
The Law Offices of Richard Sudar have successfully represented numerous clients charged with a drug crime in the Los Angeles area. The Law Offices of Richard Sudar are committed to fighting on behalf of your best interest and legal rights. If you are in need of an experienced criminal defense attorney in Los Angeles, call the Law Offices of Richard Sudar today!
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