Heroin Possession

Heroin is a Schedule I Controlled Substance, meaning that it has a high potential for abuse, and no accepted medical use. In other words, you cannot get a prescription for heroin.

Heroin (diacetylmorphine) is a synthetic opiate made from morphine, or derived from the poppy plant. Heroin based substances are opioid analgesics, used medicinally and recreationally to enjoy pain relief, euphoric feelings, extreme pleasure, and a sense of escape from reality. Unfortunately, heroin can cause serious bodily harm including, but not limited to, a disrupted nervous system, altered moods and personality, and heavy addiction. Long term use of heroin can lead to cardiovascular issues, collapsed veins, tuberculosis, arthritis, and death.

First, let Sales of Heroin Lawyers in Newport Beach give you the relevant law. The relevant portion of the law that is applicable to Sales of Heroin in Newport Beach is summarized below. However, the full text of the Sales of Heroin laws in Newport Beach can be found in California Health and Safety Code Section 11352.

To prove that the defendant is guilty of Sales of Heroin, the Prosecutor must prove that:

The defendant (sold /gave away/transported/imported into California) heroin;

The defendant knew of its presence; AND

The defendant knew of the substance's nature or character as heroin.

In Newport Beach, sales of heroin can result from “actual sales” by exchanging heroin for money, services, or anything of value. Sales of heroin can also be charged as “transportation” if you merely move heroin from one location to another, even if the distance is short, even without any sales at all. Importation is charged where there is some evidence the defendant imported heroin into California from another state or country.

The Sales of Heroin laws in Newport Beach can be confusing to a defendant charged with a crime. Our team of lawyers knows the ins and outs of these particular criminal charges and we may be able to help you get your case dismissed or lowered to a lesser offense.

If you are convicted of Sales of Heroin in Newport Beach, you may face severe penalties. Sales of Heroin in Newport Beach is a felony.

The statutory sentence for Sales of Heroin in Newport Beach includes a prison sentence from two to four years. However, depending on the circumstances of your case, the possible sentence can be elevated to a range of three to nine years. Additionally, there is a fine of up to $50,000. (See HSC 11352, 11352.5, and CPC 1170(h).) Also, a court may say that you are addicted to heroin and you may lose your driving privileges in Newport Beach. (CVC 23152(c).)

However, if you possess more than one kilogram of heroin then you face an additional penalty of between three and twenty-five years in prison, and millions of dollars in fines. (HSC 11370.4)

There are also a number of aggravating circumstances which may increase the severity of your punishment if convicted of Sales of Heroin. For instance, if you possess both heroin and a loaded or unloaded gun, then you may face increased penalties. (See HSC 11370.1.)

Sales of heroin in certain locations, such as public parks, or places where children are present, or within 1,000 feet of a school, could lead to an increased penalty. Also, if you induce a minor to possess, or use a minor to possess heroin, then you may face increased penalties, including longer prison or jail time, longer probation, and larger fines. (See HSC 11353, 11353.1, 11353.5, 11353.6.)

Immigration status may be affected by a conviction for Possession of Heroin. In other words, you may be deported, or your eligibility for admissibility to the United States may be impacted if you are convicted of possession of heroin.

Our team of lawyers may be able to assist you with a number of different options if you are convicted of Sales of Heroin. In Newport Beach, a prison sentence for sales of heroin may be shifted to a local jail sentence. You may also be eligible for probation or community service.

Our team of lawyers may be able to get your charges reduced to simple possession. If we can get your charges reduced then you may be eligible for drug diversion programs such as PC 1000, Proposition 36, and drug courts.

Just because you were charged with a crime doesn’t mean that you committed one. There are a number of defenses to a charge of sales of heroin. Although some of those defenses are listed below, there may be additional defenses that apply depending on the individual facts of your case.

Our team of lawyers diligently reviews your case file to see if there are any reasons that the court may dismiss your case. An improper search warrant, or an improper search by police may get your case dismissed before trial. Improper arrest procedures, and other improper police actions may also get your case dismissed.

Entrapment may be a defense to Sales of Heroin in Newport Beach if the police gave you the idea to sell heroin, or if you were pressured by police to sell heroin.

If you did not know that the substance was heroin, or if you were completely unaware that you possessed the drug, then you may have a good defense.

Also, if you found the heroin, and only possessed the drug so that you could destroy or dispose of it, then you may have a defense under a law called “momentary possession”.

If you overdosed on drugs and sought emergency care, only to be arrested for sales of heroin, then you are protected under the law. Also, if you sought medical services for someone else who had overdosed on drugs, and then you were arrested for heroin, then you have a defense in court.

If the amount of heroin you possessed was nothing more than debris, traces, or residue, our team of lawyers may be able to get a lab analysis which shows the weight of the drug is not a useable amount.

Your individual defense will depend on the individual facts of your case. Contact our office so that we can determine the best defense based on the circumstances of your case.

Our team of lawyers know this area of law and may be able to get your Sales of Heroin charges reduced. Although a dismissal is the most favorable outcome, a reduced charge may be the best option available to you based on the evidence in your case. It is possible to get your charges reduced to a lesser charge such as Simple Possession of Heroin that will enable to you to enroll in a drug diversion program (HSC 11350).

To find a defendant guilty of Possession for Sales of Heroin in Newport Beach, the Prosecutor must show that you possessed heroin with the intent to sell it. (See HSC 11351). The Prosecutor can try to show that you intended to sell heroin in Newport Beach in a number of ways. For instance, cell phone messages indicating heroin sales is a red flag, and may be admissible in court to show your intent to sell heroin. Also, a large amount of heroin, baggies, money, weapons, and owe lists can be used to show you intend to sell heroin. Other indicators could include increased traffic to a residence or something as simple as the trash can left at the curb with heroin trash inside. A lot of times confidential informants, snitches, or undercover police provide the information necessary to show your intent to sell heroin in Newport Beach.

If you have been charged with Possession for Sales of Heroin then you need to act now because the penalties are as severe as those for Sales of Heroin.

If you have prior convictions for sales of drugs, then you may face increased penalties in your current Sales of Heroin case. Our team of lawyers aggressively challenges any prior convictions. For instance, if your prior sales of drugs conviction occurred more than 10 years ago, or if it occurred in another state, then we may be able to get those prior convictions stricken. If we can successfully strike your prior convictions, then you will only face 1st time Sales of Heroin penalties. Call our team of lawyers today to see how your prior convictions may impact your current Sales of Heroin charge.

Contact Team Sales of Heroin Newport Beach today for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.