Common Drug Charges in Ventura County
Drug crimes generally involve the production and sale of illegal substances, which can include everything from serious street narcotics to regulated prescription medications.
Examples of the drug crime cases we handle include:
- Possession
- Cultivation & Manufacturing
- Distribution & Intent to Distribute
- Sales & Intent to Sell
- Conspiracy
- Federal Drug Charges
Drug Possession Charges
Drug possession is a common but serious crime that occurs when an individual is found to be in possession of a controlled or other illegal substance, such as:
- Heroin
- Cocaine
- Methamphetamine
- Fentanyl
- LSD
- Ecstasy
- Ketamine
- Marijuana
- A prescription medication that was illegally obtained
- Etc.
When a person is accused of drug possession, it is imperative that they seek experienced legal advocacy right away.
Is Drug Possession a Misdemeanor or a Felony in California?
Most instances of simple drug possession get charged as misdemeanors. For example, possessing more than 28.5 grams of marijuana is generally punished as a misdemeanor. These charges may be lessened with the agreement to attend counseling or some other measure if offered by the court.
Depending on the circumstances of the case, drug possession can also be charged as a felony, and a conviction can have some of the most devastating consequences in California. In some instances, offenders may serve life in prison for a third offense under the Three Strikes Law.
Whether possession is charged as an infraction, a misdemeanor, or a felony depends on the substance involved, the quantity involved, whether there was an intent to sell, and other aggravating factors.
Drug Distribution Charges
When an individual is found in possession of illegal drugs, this is a serious criminal offense. However, if they are found to be in possession of a large quantity of the drugs, they may be in even worse trouble. Generally, when someone is found with a large quantity of drugs in their possession, they will be charged not only with possession but also with distribution or intent to distribute.
Being charged with distribution is a serious felony crime that can result in severe penalties and punishments if you are convicted.
Required Elements to Establish Conviction
Before an individual can be fully convicted, the prosecuting attorney must prove that:
- The individual had knowledge of the drug substance
- The drug is legally defined as a controlled substance
- The individual actually or constructively possessed the controlled substance
- The individual intended to sell, deliver, or manufacture, sell, or deliver the controlled substance
Oftentimes, accused individuals do not actually have an intention to sell the controlled substances he or she possesses, but prosecuting attorneys will utilize the “intent to sell” in possession cases to worsen the charges.
Jail and prison sentences, fines, and other consequences may be enhanced by a variety of mitigating factors, including the presence of a weapon, whether the incident took place near a school, and whether the individual possessed prior criminal convictions.
Marijuana Cultivation Laws in California
In the state of California, laws have been passed at the state level allowing for the cultivation of marijuana. At the same time, marijuana is not federally legal and is still classified as a Schedule I drug under the Controlled Substances Act.
Chances are, if you have a state-authorized cultivation license, you are growing large amounts of the crop. While state and local law enforcement officials cannot arrest you if you have a valid cultivation license, federal agencies such as the DEA and FBI may still pursue charges due to the large amount of the substance being cultivated.
If you have been charged with illegally cultivating marijuana even though you have your cultivation license, you should contact a drug attorney from our firm to help you decipher the complexities of this issue.
What Are the Penalties If I’m Convicted of a Drug Crime in Ventura County?
Penalties for drug offenses will vary considerably from case to case. These penalties are often severe and have the potential to have a lasting impact.
The penalties for a drug conviction often include:
- Hefty fines
- Serious prison or jail sentences
- Extended periods of probation
You may also face difficulties when:
- Renting a home
- Securing employment
- Applying for loans
The severity of the drug crime penalties will vary depending on several factors, including:
- The charge
- The type of substance involved
- The amount of the substance
- A defendant’s criminal history
Alternative Sentencing Options for Drug Charges
Drug charges are a unique set of crimes, as they are most often non-violent offenses. Because many drug offenses are viewed as non-serious, victimless crimes, jurisdictions throughout the country – including Southern California – have taken an approach of shifting drug crime punishment from stiff penalties to rehabilitation and leniency.
This means many people charged with drug offenses can pursue alternative sentencing options which may include:
- Prop 36
- Penal Code 1000
- Other drug diversion programs
These programs can allow certain offenders to complete treatment programs instead of serving time in jail. In some cases, these programs also allow offenders to maintain a clean record.
Let Lessem, Newstat & Tooson, LLP Protect Your Future
If you were accused of possessing, cultivating, manufacturing, selling, or distributing drugs in Ventura County, you must seek help from an experienced drug crimes attorney immediately. The penalties for such crimes can alter a person’s life forever. At Lessem, Newstat & Tooson, LLP, our legal team possesses a deep understanding of criminal defense law and has the experience to fight for your rights both inside and outside the courtroom.
To speak with a Ventura drug crimes lawyer about your case, contact our office today!
