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California Health and Safety Code 11352 | Sale or Transportation of a Controlled Substance

Posted in California Law,Drugs on June 18, 2024

If you have recently been charged with or are under investigation for California Health and Safety Code 11352 – Sale or Transportation of a Controlled Substance, you must seek immediate legal assistance. This crime is a felony, so the potential repercussions are severe. An experienced Riverside drug crimes lawyer at the Law Offices of Graham D. Donath, APC can review your case, explain your legal options, and discuss your possible defenses. Call us today to learn more and set up a confidential consultation.

What Is California Health and Safety Code 11352 Sale or Transportation of a Controlled Substance

California Health and Safety Code 11352 is a broad sweeping law that pertains to narcotics and prohibits conduct not described in other statutes. This law makes it a felony to do any of the following:

  • Selling a controlled substance
  • Transporting a controlled substance with the intent to sell
  • Furnishing, administering, or giving away drugs
  • Offering to perform any of the tasks described above

The law pertains to various types of drugs, including:

  • Cocaine
  • Heroin
  • Hallucinogens

Other types of drugs, like methamphetamine, are covered under different statutes.

Elements of the Crime

For a prosecutor to prove a defendant’s guilt of this crime, they must prove the following legal elements:

  • You sold, furnished, administered, gave away, transported with the intent to sell, or imported drugs into the state
  • You were aware of the drug’s presence
  • You knew the items in question were a controlled substance
  • You were found with a usable amount of the controlled substance

The prosecutor cannot bring charges under this section if even one of these elements is missing.

Penalties for California Health and Safety Code 11352

This crime is a felony, punishable by up to nine years in prison, a fine of up to $20,000, and formal felony probation. However, penalties are heightened when aggravating factors are present, such as if large quantities of drugs were involved, you had prior drug convictions, or the crime occurred near a drug treatment facility or homeless shelter.

Defenses to This Offense

There may be various defenses that can apply to your case. For example, your actions may not have fallen within the purview of the statute. Law enforcement may have conducted an illegal search or seizure when they found the drugs. An experienced criminal defense lawyer may be able to argue that the evidence is inadmissible as it was obtained in violation of your legal rights. If it is not possible to have charges against you dismissed, your lawyer can explore options for a favorable plea bargain. If you do not want to take the plea agreement, your lawyer can defend you at trial, arguing that the prosecution has failed to meet its burden of proof.

Call for Your Confidential Consultation Today

When the potential penalties are so high, it is vital that you work with an experienced criminal defense lawyer. The drug defense lawyers at the Law Offices of Graham D. Donath, APC have successfully represented clients who were charged with various drug crimes. We can mount an effective defense on your behalf based on the particular circumstances of your case. Schedule a free and confidential consultation by contacting us online or calling us at (951) 667-5293.