Have you been arrested for a drug offense in Los Angeles? Your freedom may be at stake. You should be prepared to fight these charges from the very beginning of your case, with the assistance of an experienced Los Angeles drug crimes lawyer. Call William S. Kroger today to speak with our legal team about your defense options.
Our firm has handled more than 5,000 criminal cases and has over 75 years of combined experience defending serious criminal charges. We are the team you want on your side when everything is on the line. Contact us today to learn more about your rights.
Why Choose William S. Kroger for Your Los Angeles Drug Crimes Case?
Drug crime investigations in Los Angeles, CA, are no small matter. Prosecutors do not go easy on these charges even for first-time offenders.
You need a defense team that understands how these cases are investigated and that ˘can match resources with the government when it matters most.
Clients choose our Los Angeles criminal defense lawyers at William S. Kroger because:
- Our defense team has more than 75 years of combined criminal defense experience
- We have handled over 5,000 criminal cases throughout California
- We have successfully defended clients accused of large-scale narcotics offenses, including securing a not guilty verdict in a case involving 220 kilos of cocaine
- We have obtained dismissals in serious felony matters
- We carefully explain each stage of the criminal process so clients understand what to expect
- We serve Spanish-speaking clients with interpreters when needed
- Our firm has been recognized by Super Lawyers and the American Institute of Criminal Defense Attorneys
When your future is on the line, experience and results matter. Call our Los Angeles drug crimes attorneys to learn more about how we can assist you.
Overview of Drug Crimes in Los Angeles, CA
California law criminalizes a wide range of drug-related conduct. Drug offenses may be charged as misdemeanors or felonies based on:
- The type and amount of controlled substance involved
- Whether prosecutors believe distribution activity occurred
- Whether weapons or aggravating factors were involved
- The defendant’s criminal history
The severity of the penalties a defendant faces can also increase based on the amount of controlled substance possessed (or sold) and whether they have past criminal convictions.
Drug charges can generally be broken down into four main categories, including possession, sale, trafficking, and manufacture.
Possession of a Controlled Substance (HS § 11350)
California law prohibits the unlawful possession of controlled substances such as:
- Cocaine
- Heroin
- Methamphetamine
- Fentanyl
- Prescription narcotics without a valid prescription
Simple possession cases often involve allegations that the defendant knowingly possessed a controlled substance for personal use. Although California has reduced penalties for certain possession offenses, a conviction can still result in probation, jail time, mandatory treatment programs, and a criminal record.
Possession for Sale (HS § 11351)
In California, possession for sale is a far more serious offense than simple possession. Prosecutors may file possession-for-sale charges when they believe the drugs were intended for distribution rather than personal use.
The government often attempts to prove intent to sell through circumstantial evidence such as:
- Large quantities of drugs
- Packaging materials
- Digital scales
- Large amounts of cash
- Text messages or phone records
- Multiple individually wrapped packages
Even when no actual sale occurred, prosecutors may still pursue felony distribution-related charges based on the surrounding circumstances.
Drug Transportation and Trafficking (HS § 11352)
California law also prohibits transporting or trafficking controlled substances. Transportation charges may involve allegations that a defendant moved drugs from one location to another for purposes of sale or distribution. Larger investigations sometimes involve interstate trafficking operations or organized narcotics distribution, including those related to the Southern border.
Drug trafficking cases can expose defendants to substantial prison sentences, especially when large quantities of narcotics are involved.
Drug Manufacturing or Cultivation (HS § 11379.6)
Manufacturing charges involve allegations that a person participated in producing or cultivating illegal controlled substances, including, but not limited to, methamphetamines, illegal marijuana, fentanyl, and other illicit drugs.
Manufacturing allegations are often prosecuted as serious felonies under California law.
Marijuana-Related Charges
California permits recreational marijuana use under Proposition 64, but legalization did not eliminate all marijuana-related criminal offenses. Individuals can still face arrest and prosecution for certain conduct involving the unlawful sale or transportation of cannabis.
What Are the Potential Penalties for Drug Crimes?
California law heavily penalizes drug-related offenses, with the severity of the penalties often depending on the type of drug involved, the amount possessed, and the defendant’s criminal history. The penalties can also vary based on whether the offense involved personal use, sales, or transportation.
Possession of Controlled Substances
Under California law, simple possession of many controlled substances for personal use is often charged as a misdemeanor. A conviction may carry penalties such as:
- Up to one year in county jail
- Monetary fines
- Probation
- Mandatory drug counseling or treatment programs
In some cases, eligible defendants may qualify for diversion programs that result in dismissed charges after successful completion of treatment and other court-ordered conditions.
Possession for Sale
Possession of controlled substances with intent to sell is frequently charged as a felony offense in Los Angeles, particularly when the case involves narcotics such as cocaine, heroin, methamphetamine, or fentanyl.
Penalties for possession for sale may include:
- County jail or state prison sentences of several years or longer
- Substantial fines
- Formal probation
- Asset forfeiture in certain situations
The severity of the punishment can increase depending on the type and quantity of narcotics involved. Enhancements for large drug quantities or prior convictions can create the potential for a decade or longer sentence.
Drug Trafficking and Transportation
Transporting, importing, selling, or distributing controlled substances can result in serious felony penalties under California law. Depending on the type and quantity of drugs involved, a conviction may carry several years in jail or prison, substantial fines, and sentencing enhancements.
Penalties may increase if:
- Large drug quantities are involved
- Firearms were present
- Minors were involved
- The offense involved interstate trafficking
- The defendant has prior drug convictions
Some trafficking offenses may also lead to federal charges, which can carry mandatory minimum prison sentences and additional penalties.
Marijuana-Related Offenses
Although recreational marijuana is legal for adults in Los Angeles under many circumstances, certain marijuana-related activities remain illegal. Individuals may still face misdemeanor or felony penalties.
What Are the Collateral Consequences of a Drug Conviction?
In addition to criminal penalties, a drug conviction may create long-term consequences that affect nearly every area of a person’s life.
A drug conviction can have collateral consequences for a person’s
- Employment opportunities
- Professional licensing
- Housing applications
- Immigration status
- Educational opportunities
- Firearm rights
Felony convictions, in particular, come with serious restrictions on an individual’s civil rights, as well as potential difficulty finding employment or housing.
What Are Common Defenses to Drug Crime Charges?
Every drug crime case is unique. The best defense strategy depends on the facts, the evidence, and the manner in which law enforcement conducted the investigation.
Common defenses in Los Angeles drug cases may include the following.
Illegal Search and Seizure
Drug investigations frequently involve constitutional issues. Police officers must comply with the Fourth Amendment when conducting traffic stops, searches, and seizures. If law enforcement violated your constitutional protections during one of these events, evidence obtained during the investigation may be suppressed and unusable in court.
Lack of Knowledge or Possession
Prosecutors generally must prove a defendant knowingly possessed the drugs. In some cases, drugs may have belonged to someone else, or the individual didn’t know they were present. Constructive possession cases can be harder for prosecutors to prove.
Insufficient Evidence
The government bears the burden of proving guilt beyond a reasonable doubt. Drug crime cases sometimes rely heavily on circumstantial evidence, confidential informants, or questionable witness testimony. Defense attorneys can challenge weaknesses and inconsistencies in the prosecution’s case and argue they have not met their burden of proof.
Entrapment
Entrapment may arise when law enforcement improperly induces someone to commit a drug crime they otherwise would not have committed. This issue sometimes appears in undercover narcotics investigations involving informants.
Diversion and Alternative Sentencing Programs
California law sometimes allows certain defendants to avoid traditional criminal penalties through diversion or treatment-based programs.
Depending on the circumstances, eligible defendants may qualify for:
- Drug diversion programs
- Deferred entry of judgment
- Treatment-based probation
- Mental health diversion in qualifying cases
Successful completion of these programs may allow some defendants to avoid a criminal conviction altogether. However, eligibility depends on the type of offense charged and a defendant’s criminal history, among other things. Not all defendants qualify for diversionary relief, particularly those in large-scale trafficking or distribution cases.
An experienced defense attorney can evaluate whether alternative sentencing options may apply in your situation.
Contact a Los Angeles Drug Crimes Lawyer at William S. Kroger Today
Drug crime allegations can place your entire future at risk. If you are facing misdemeanor possession charges or serious felony trafficking allegations, you deserve a defense team who can help you fight back against the prosecution.
William S. Kroger has handled thousands of criminal cases and has successfully defended clients accused of some of the most serious narcotics offenses. We’re here to help you get a fair result and ensure your rights are respected by law enforcement.
If you have been arrested or are under investigation for a drug offense in Los Angeles, contact William S. Kroger today to speak with an experienced drug crime attorney in Los Angeles about your case.