Facing a felony drug charge can be an intimidating ordeal. In California, the charges themselves may be complex, leaving you unsure how to move forward. You may be left asking, “What are felony drug charges for first-time offenders in California?”
Arrests on felony drug charges are not uncommon in California. A 2023 study found that drug-related felony arrests accounted for almost 10% of felony arrests in the state. At the Law Offices of Schwartz & Godbey, our talented attorneys have been representing the California public for years in a range of legal issues. If you are facing felony drug charges, we can offer assistance.
Drug Classifications in California
A variety of factors can affect a felony drug charge. One of the most important is the classification of drugs that is found on the person arrested. In California, as in the rest of the country, different controlled substances fall into a variety of classifications, or “schedules,” depending on their perceived medical use, addictive qualities, and danger.
- Schedule V and Schedule IV drugs are legal substances that are considered to have medical value. These include items like codeine, Xanax, and, in California, marijuana.
- Schedule III substances are seen as having little medical value and are considered addictive, such as ketamine and steroids.
- Schedule II controlled substances are considered dangerously addictive, but some may be obtained with a prescription. These include opiates, stimulants, and OxyContin.
- Schedule I classifications are considered to have no medical purpose and be dangerously addictive. Examples include heroin, LSD, and ecstasy.
In general, drugs that are more severe than Schedule III are more likely to be used to justify felony drug charges. While a first-time offense may be taken into account, it is important to understand that the classification of a drug has a large impact on the charges that follow.
Felony Drug Charges
In the same manner that the categorization of the substance is important, the context they are found in can greatly impact the charges that follow. There are typically four charges that someone facing felony drug charges will come across:
- Possession of a controlled substance. If it is alleged that a drug was in possession of someone and they were aware of its presence, they can be charged with this crime. Possession can take many forms, depending on the circumstances, and it can be actual, constructive (it is nearby and readily within reach), or joint. This charge can carry up to one year in prison and various fines.
- Possession for sale of a controlled substance. If the drugs found in a person’s possession are intended for sale for money or other valuables, this charge may apply. Circumstances, such as if money is found nearby and the amount of drugs found, will affect the type of charge. This offense carries more serious penalties, including a possible prison sentence of sixteen months to three years in jail.
- Transportation of a controlled substance. This may be charged if someone is knowingly moving drugs for their eventual sale. Here, the charge is dependent upon a prosecutor proving that the person was aware of the drugs’ presence and purpose. Like others, charges for this crime can vary greatly, depending on the amount and substance found. The penalty can range from anywhere between one and nine years in prison.
- Manufacture of a controlled substance. This allegation may follow if someone is involved in any level of manufacturing, preparing, or compounding a controlled substance, and it can be shown that the nature of the substance found was understood. This charge can carry a prison sentence of three to seven years.
FAQs
Q: What Is a Felony Drug Charge in California?
A: Several factors might qualify a drug arrest as a felony in California. In general, a drug charge can be considered a felony if the arresting officer believes there is an intent to sell, manufacture, or distribute a controlled substance. Circumstances that can influence a felony charge include the category of the substance involved, the amount, whether cash was present during the arrest, and other aggravating factors.
Q: What Happens to First-Time Drug Offenders in California?
A: What happens to first-time drug offenders in California varies. Several factors may affect the outcome of litigation, including the category of the substance involved and whether there were aggravating or mitigating circumstances surrounding the arrest. It is not uncommon for first-time offenders with a felony charge to face up to a year in jail. In addition, they may have to pay a series of fines and possibly attend court-ordered diversion programs.
Q: What Is a Good Defense Against a Felony Drug Charge in California?
A: While there is no single successful defense against a felony drug charge, there are some strong strategies defense attorneys can use. The most common is to call into question the legality of the search that resulted in the drugs being found. Search and seizure laws are very strict; if it can be shown that an officer searched without a warrant or probable cause, it is a strong defense.
Q: Can a Defendant Plead Down From a Felony Drug Charge in California?
A: Yes, depending on the circumstances, it may be possible to plead down from felony charges. This is common with what are known as “wobbler” offenses. These are instances where the prosecutor can choose to charge the case as either a felony or a misdemeanor. Often, these instances depend on the kind of drugs involved and the situation surrounding the arrest. If pleaded down, such charges may carry lesser penalties.
Contact the Law Offices of Schwartz & Godbey
While it can be intimidating to face a felony drug charge, know that you are not alone. In San Bernardino alone, more than 22,000 people faced felony arrest charges in 2022. At the Law Offices of Schwartz & Godbey, we have experience representing clients in a broad range of offenses. We understand that each case is unique, so our team can provide the counsel and robust defense you deserve. Contact us today to arrange a consultation.
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