Oct 5, 2022
Suicide remains a serious health risk for the American population. According to the American Foundation for Suicide Prevention, it’s the 12th leading cause of death in the US, with 45 979 Americans dying by suicide in 2020 and a further 1.2 million attempted suicides that same year.
While there is an underlying problem related to mental well-being, another cause for concern is where people assist in suicide. So, can you go to jail for making someone kill themself?
Is Suicide Illegal in California?
It’s not illegal for someone to kill themselves in California. The state has The End of Life Option Act which permits an individual to take their life using prescribed medications. However, recent cases in the media, particularly involving young people sending text messages, have prompted people to question: ‘if someone kills themselves because of you, can you go to jail?’
How Does the Law Define Causing Homicide?
Homicide is defined as the killing of one human being by another. However, many different categories fall under homicide, such as manslaughter, and first-degree or second-degree murder, depending on the circumstances of the death.
How Does the Law Define Assisted Suicide?
In the United States, the law defines assisted death as a practice by which a terminally ill person – said to be of sound mind but with a prognosis of six months or less – administers barbituates to end their life. However, this would differ from assisting in suicide or encouraging someone to kill themselves.
What Are the Types of Assisted Suicide?
- Assisted suicide is where you intentionally help another person to kill themselves, usually by providing them with potent sedatives. Many people have opted to go to Switzerland, where assisted suicide is legal.
- Euthanasia, on the other hand, is the act of helping someone end their life as a way to stop their pain. This can be administered by a medical professional via lethal injection.
- Unlike assisted suicide and euthanasia, assisted dying would only apply to terminally ill people. This gives them some choice in the manner and timing of their death.
Is Telling Someone to Kill Themselves a Crime?
While assisted suicide might be legal in certain countries, it’s considered a felony offense in the state of California, where an individual makes a conscious decision to help another person in committing suicide.
What Is Punishment for Assisting Suicide?
If you have told someone to kill themself or assisted in suicide in any other way, then the state will first have to find proof that you are actually guilty of a crime. In addition, they would have to find evidence that indicates that a person actually attempted to commit suicide in the first place.
Further to this, the state would need to prove your actions were thought-out and that you actively encouraged or assisted in that suicide. If you are found guilty, you could face up to three years in prison or a fine of up to $10 000. In cases where the individual survives the suicide attempt, you can only be charged with attempting to assist in a suicide.
What Is the Differentiation Between Murder And Suicide?
Things could get even more difficult if you physically assisted in helping someone kill themself, as you could then face murder charges. The statute in California refers to when you are not actively involved in encouraging or assisting in a suicide – or suicide attempt. This could be as seemingly innocent as supplying them with prescription medication or explaining specific ways in which to take their own life.
However, if you have a more active role in the suicide – which is where you provide them with the means to commit suicide or have a hand in it yourself – then you could be at risk of charges related to murder.
Must I Hire a Criminal Defense Attorney?
If you are accused of encouraging or helping someone kill themself, you would need to hire a criminal defense attorney with experience in this field. They will discuss the situation with you and develop some possible defense options. These could include:
The reality is that you can go to jail for making someone kill themself, as it is illegal. You will need to hire a criminal defense attorney if this is the case. Contact our lawyers today to find out more.
Sep 15, 2022
DNA evidence is a powerful tool that can be used in criminal cases to help determine the guilt or innocence of an accused individual. The problem is, that there are many factors that can influence the reliability of DNA evidence and, as a result, the outcome of a case. In this post, we’re going to discuss some of these factors, including what DNA is, how it works, and how it can be used to help determine whether or not someone is guilty.
What is DNA Evidence?
DNA evidence is the most powerful forensic tool available to law enforcement. It can be used to identify people, determine the source of biological material, and even provide information about the health of an individual.
Your DNA profile, just like your fingerprints, is unique and cannot be replicated by anyone else. This makes DNA evidence incredibly valuable when it comes to determining the identity of an individual and proving their involvement in a crime.
When was DNA Evidence in Criminal Cases First Used?
Forensic DNA analysis and DNA profiling were first used in 1986 when the UK police requested suspect verification for two rape-murder cases. Dr. Alec J. Jeffreys of the University of Leicester found out, through forensic DNA evidence, that the suspect did not commit the crime. This was a game-changer in the DNA testing field, and it led to the development of using DNA evidence in criminal cases.
What Type of Evidence is DNA?
DNA is biological evidence, which is a type of physical evidence that can be used to help prove or disprove a person’s involvement in a crime. The following types of DNA evidence include:
- Fingerprints
- Bloodstains
- Blood
- Bodily fluids
- Saliva
- Blood
- Urine
- Skin cells
Gathering DNA Evidence
In order to collect DNA evidence, law enforcement must first obtain a sample of biological material from an individual. The sample is then analyzed to determine the presence of DNA. Once the DNA sample is collected, it is sent to a lab where it is analyzed and compared to DNA samples of known individuals.
Identifying DNA Evidence
The process of identifying DNA evidence is called DNA amplification. It’s accomplished by extracting the DNA from the biological sample and then amplifying it to make it easier to detect. In just a few hours, millions of copies of a specific sequence of DNA are made from the original sample, and then they are analyzed to determine if they match any of the DNA profiles in the suspect database.
Is DNA Class or Individual Evidence?
Class Evidence – When a piece of evidence is collected from a group of people, such as a family or a group of suspects, it is called class evidence. It helps to narrow down the pool of possible suspects, but it doesn’t prove that any one person committed the crime.
Individual Evidence – This is a type of evidence that can exactly pinpoint the identity of a suspect. Examples of individual evidence that can directly incriminate someone includes fingerprints, blood, semen, saliva, hair, skin cells, or bodily fluids.
Is DNA class or individual evidence? DNA is individual evidence because it can identify a suspect and prove that they committed a crime.
How is DNA Evidence Collected and Packaged?
When a crime is committed, the police will collect evidence from the scene of the crime. If the crime involved bodily fluids, then the police will also collect saliva, blood, urine, and other bodily fluids from the scene. They will then package the evidence in a sealed container to avoid any contamination.
The next step is to take the evidence to a laboratory. The lab will extract the DNA from the biological sample, amplify it, and then compare it to the DNA profiles of known individuals. The DNA profile of the individual whose DNA is being tested is compared to the DNA profile of the biological sample. If the DNA profile of the biological sample matches the DNA profile of the suspect, then the suspect is identified.
What are the Different Methods of DNA Testing?
Generally speaking, there are four types of DNA test analysis: Polymerase Chain Reaction (PCR), Short Tandem Repeats (STR), Y-Chromosome, and Mitochondrial DNA.
- Polymerase Chain Reaction (PRC) – PCR is a method that is used to amplify the DNA sample. This is done to increase the number of copies of DNA that are available for analysis. PCR is a highly reliable method for DNA analysis because it is accurate and reproducible.
- Short Tandem Repeats (STR) – STR is commonly used in forensic laboratories, paternity tests, and missing persons cases. Extracted DNA is added to chemical agents and then heated, which causes the DNA to separate into two strands. The number of repeats in each strand is unique, which makes it possible to determine the identity of the person whose DNA was extracted.
- Y-Chromosome – A Y-Chromosome DNA test is used to identify males. This is the only type of DNA test that can be used to determine the sex of a person. Y-chromosome is inherited from the father.
- Mitochondrial DNA – Mitochondrial DNA is inherited from the mother. It is present in all human cells and is found in the mitochondria, the energy-producing parts of the cell.
What are the Limitations of DNA Evidence?
While DNA evidence is extremely reliable, there are some limitations to consider. In some cases, DNA evidence may not be conclusive. For example, if a suspect has been in a car accident and his DNA is on the steering wheel, then the DNA evidence may not be enough to identify him as the driver. This is particularly true if the car in question is being rented out or used by more than one person.
DNA evidence can also be unreliable if the biological sample is contaminated with other people’s DNA. This is especially true if the sample is taken from an area where many people are gathered, such as a crime scene.
Can DNA be Used to Prove Someone Guilty?
The criminal justice system has come a long way since the days when fingerprints were the only form of identification. Today, DNA evidence is considered the legal standard for proving someone’s guilt. It is used in almost every case where a suspect is accused of committing a crime.
DNA test results also help innocent victims of wrongful convictions and exonerate them. Not to mention that the use of DNA has led to the conviction of thousands of criminals and helped solve hundreds of cold cases.
How is DNA Used as Evidence for Crimes?
DNA evidence is used in criminal investigations to identify suspects, link suspects to crimes, and exonerate innocent suspects. DNA profiling is one of the most important tools in the criminal justice system and is used in almost every criminal investigation.
What is DNA Profiling?
DNA profiling is the process of comparing DNA evidence with known DNA profiles. This allows law enforcement to identify the suspect and determine whether or not they committed the crime. When a DNA profile is obtained, it is compared to a DNA database of individuals who have been convicted of crimes.
DNA profiling is also used to match DNA samples from crime scenes. This is especially useful in cases where the victim has been killed and the perpetrator has left behind a sample of his or her DNA. If there are a group of suspects, then DNA profiling can be used to link them to the crime.
In order to use DNA evidence, investigators must obtain a DNA sample from the suspect. This can be done through a voluntary search of the suspect’s body, such as a blood sample or hair sample. If the suspect refuses to provide a DNA sample, then investigators will obtain a court order to force the suspect to give a DNA sample.
Is DNA a Reliable Source of Evidence?
Yes, DNA evidence is very reliable. In fact, it is often referred to as the “gold standard” of forensic science. It is considered the most reliable form of evidence because it is virtually impossible to fake or alters.
DNA evidence is also highly accurate. The accuracy of DNA evidence is based on the fact that DNA is a unique identifier. The DNA molecule contains a specific sequence of nucleotides that are inherited from the parents. Each individual has their own unique set of these nucleotides, and no two people have the same set. This means that DNA evidence can be used to, without a doubt, identify individuals who have been involved in a crime.
While the accuracy of DNA evidence is unquestionably accurate, it is not infallible. There are times when DNA cannot be used to prove someone’s guilt or innocence. For example, if it is contaminated with another person’s DNA, then the sample will not be able to accurately identify the suspect. This is very common when a person is being framed up for a crime, or when the crime scene has been tampered with.
“DNA planting” is a strong defense against a criminal charge, and is often used in murder trials. If you have been accused of a crime, you should contact an experienced criminal defense attorney who can review your case and advise you about your legal options.
Aug 1, 2022
Arrests and criminal charges are serious situations that need immediate attention. In fact, with the sheer multitude of crimes written into statute, not everyone can truly know whether they have done something illegal. Further, in some cases, the crime charged may be a lot more severe than the individual himself/herself even expected.
Retaining the services of an experienced criminal defense attorney is essential to having a viable chance at defending criminal charges and mitigating the damage to his/her life. One such crime that many people do not truly understand is a carjacking, and, especially the distinction between a carjacking and automobile theft.
How Does California Law Define The Crime of Carjacking?
So, what is carjacking? Pursuant to California law, carjacking is defined as the taking of an automobile in the possession of another individual, from his/her person or immediate presence, against his/her will, with the intent to either permanently or temporarily deprive that individual of the use of the automobile, accomplished by means of force or fear. Additionally, even though the automobile may not be in an individual’s possession, if that individual is a passenger, and the aggressor does the same things in the sentence above, the aggressor may also be charged with carjacking.
Is Carjacking a Felony in CA?
According to California Penal Code 215 PC, carjacking is a federal crime. Further, the law can impose severe penalties on an individual convicted of carjacking, including a “strike,” which falls under California’s “Three Strikes” law which can be enhanced depending on how the felon went about the carjacking. For instance, using a deadly weapon or causing injury to the victim can increase the severity of the penalties imposed.
What’s the Difference Between a Carjacking and Grand Theft Auto?
For the law to consider a crime to be a carjacking, an individual must take the vehicle using force or fear. However, if an individual steals a car that is unoccupied or when the owner is not in the immediate vicinity, the law considers the crime as grand theft auto or car theft.
How Does The Prosecutor Prove Carjacking?
To prove the accused is guilty of carjacking the prosecutor must show he/she took the vehicle against the will of the possessor of the car. Thus, to successfully prosecute the crime of carjacking, the prosecutor must provide evidence of the following:
- The defendant took an automobile that was not his/hers;
- The automobile was taken from the immediate presence of an individual in possession of the automobile or a passenger;
- The automobile was taken against that individual’s will;
- The defendant used force or fear to take the automobile, or to prevent the individual from resisting; and
- The defendant intended to deprive the individual of possession of the vehicle, either temporarily or permanently
It is important to note that there is a distinction between possession and ownership in the crime of carjacking. As such, even if an individual is the legal owner of the automobile, he/she is not allowed to use force or fear in order to regain it from someone else in possession of the automobile.
What is the Sentencing And Punishment For A Carjacking Conviction In California
Carjacking is charged as a felony under California Penal Code 215 and comes with up to nine years in prison. However, this sentence may increase if the carjacker used a weapon to acquire the stolen car:
Under California PC 12022.53, aggressors who brandish firearms while committing a carjacking will get ten years in prison. However, should they fire a gun during the carjacking, the sentence increases to 20 years.
- Armed with an Assault Weapon
Irrespective of the firearm an aggressor holds during armed carjackings, the penalty equates to a minimum of ten years of prison time.
- Actually Using a Deadly or Dangerous Weapon
Finally, if the aggressor fires their weapon during the carjacking and, as a result, inflicts significant bodily injury or kills an individual, committing a violent crime, the sentence imposed falls anywhere between 25 years to life imprisonment.
What Offenses Often Charged Alongside Carjacking
Often, carjacking cases entail more than just forcibly removing the vehicle from an individual’s possession. As a result, a host of additional charges often accompany the carjacking conviction. Below, we discuss the most common ones.
- Robbery – Although carjacking is considered auto theft, an individual may be charged with robbery and carjacking, California law stipulates the law may only charge individuals for one of these offenses.
- Grand Theft Auto “GTA” – Depending on an individual’s criminal history and the circumstances of the carjacking, a prosecutor may choose to file the GTA charge as a felony or a misdemeanor. Should it become a misdemeanor, the aggressor may face an additional year in county jail.
- Joyriding /Auto Theft – Joyriding refers to unlawfully driving a motor vehicle that does not belong to you. Again this can be charged as a misdemeanor which involves a year served in county jail.
- Auto Burglary – If an individual carjacks a locked vehicle, prosecutors can file for an additional auto burglary charge, which is punishable by three years in state prison or one year in county jail.
- Kidnapping – If an individual commits a carjacking, detains the driver/passenger in the vehicle, and drives off with them, they have committed a kidnapping. However, a person cannot be charged with kidnapping and carjacking. As a result, the carjacking charge will be dropped, and the individual will be prosecuted for kidnapping, which carries a life sentence with the possibility of parole.
- Battery – If an individual uses force or violence against a passenger in dealing with them, this is considered battery. Prosecutors can file battery as a misdemeanor, carrying a six-month jail sentence.
What are the Legal Defenses of Carjacking?
Although carjacking is a crime, a criminal defense lawyer can use several legal defenses on their client’s behalf, which is why you should always contact an LA attorney. These defenses include:
- No Force/Fear: If an individual did not use fear or force to take the vehicle, they have not violated Penal Code 215 PC, the carjacking law in California.
- Consent: A carjacking only occurs when an individual takes a vehicle against the driver or passenger’s will. As a result, if the individual taking the car has consented, no carjacking has occurred.
- Mistaken Identity: Carjackings are stressful. As a result, the victim may incorrectly identify the aggressor, leading to a wrongful conviction and carjacking victimization.
- No Claim of Right: If an individual carjacks your vehicle, you are not allowed to use fear or force to claim it back or in preventing a carjacking, even though you are the rightful owner of the car. This is because California considers carjacking a crime against possession.
Can I Get Probation for Carjacking?
In some cases, the court may grant the convicted individual probation for carjacking. Typically this is usually for a period of three to five years. Further, the court may deem the probation as felony probation, in which case the defendant must have a probation officer.
Jul 7, 2022
If you have been a victim of a crime, and you are having second doubts about filing a claim against the person who committed the crime, you should know that the law requires that you file a claim within a certain time limit. If you fail to file a claim within the limitations period, the law will consider the case to be barred.
What is the Statute of Limitations?
The statute of limitations is a rule of law that governs the time in which a person can file criminal charges or civil cases against another person. This is an important rule because it protects people from having to defend themselves against lawsuits that are brought against them after years or decades have passed.
California Civil Statute of Limitations Laws
There are two types of statutes of limitations in California – the criminal statute of limitation and the civil statute of limitation. The first type of California statute of limitations is for civil cases. This type of statute of limitations applies to civil cases that are filed in a court of law. These cases include personal injury, property damage, and other types of claims.
Criminal Statute of Limitations in California
The other type of California statute of limitations is for criminal offenses. This type of statute of limitations applies to criminal cases that are filed in a court of law. These cases include murder, manslaughter, and other types of crimes.
- No Limitation – There is no time limit for offenses punishable by death or a life sentence, such as first-degree murder and treason.
- Six-Year Limitation – There’s a six-year limit for offenses such as first-degree robbery, arson, and kidnapping.
- Three-Year Limitation – Cases like theft of a firearm, grand theft, burglary, and assault with a deadly weapon have three-year statutes of limitations.
- One-Year Limitation – Code section 802(a) of the California Penal Codes state that aside from “as provided in subdivision (b), (c), (d), or (e),” if an offense isn’t punishable by death or imprisonment, the statute of limitation would be one year.
Criminal Offenses and Their Statutes of Limitations?
While the most common statutes of limitations are one, three, and six years, there are also some other criminal offenses that have different statutes of limitations.
Below is a quick overview of the statute of limitations criminal for other offenses:
- 10 years – Charges of child pornography or failure to register as a sex offender after being convicted come with 10-year statutes of limitations.
- 5 years – Offenses related to elder abuse or crimes against dependent adults come with 5-year statutes of limitations.
- 4 years – Crimes including, but not limited to theft from an elder, fraud, breach of fiduciary obligation, and public official misconduct come with 4-year statutes of limitations.
- 3 years – Crimes like theft of a firearm, burglary, and assault come with 3-year statutes of limitations.
- 2 years – Sexual misconduct by a therapist or a physician comes with a 2-year statute of limitation.
What Crimes Have No Statute of Limitations in CA?
There are certain crimes that have no statute of limitations in California. This means that even though the crime was committed years or decades ago, the victim can still bring a lawsuit against the perpetrator.
Capital crimes, including murder, manslaughter, and other violent crimes have no statute of limitations in California. A capital crime is defined as a crime that carries a penalty of death or life imprisonment without the possibility of parole.
What is an Exception to the Statute of Limitations?
Tolling refers to the reinstatement of the statute of limitations after it has expired. It is a method used to extend the period of limitations, in the event the victim is incapable of bringing a case within the time limits.
In order to toll the statute of limitations, the following conditions must be met:
- The victim is a minor or below 18 years of age.
- The victim was declared mentally incompetent.
- The victim is in prison.
- The victim is currently in military service.
- The victim is incapacitated or in a coma.
Tolling is not automatic. You can only get the benefit of tolling if you meet the conditions listed above. The court evaluates each case on its own merit, so it’s best to consult an experienced criminal defense attorney if you’ve been charged with a crime. A criminal law expert can help protect your rights and better understand your legal options.
When Does Statute of Limitations Start?
When the victim of a crime becomes aware of the injury and the identity of the person who caused the injury, the statute of limitations starts to run. This is known as the discovery rule. The discovery rule allows the victim to bring a lawsuit even if the crime occurred years or decades ago.
This is particularly beneficial for those who have been a victim of crime during their childhood. The same concept applies to elderly people who are no longer capable of speaking for themselves.
Can I Still Sue After the Statute of Limitations Passes?
Generally speaking, when the statute of limitations has passed, you can no longer sue the person who committed the crime. Unless you are eligible for tolling, you cannot sue someone after the statute of limitations has passed.
When you are a victim of a crime, you should report it to the police as soon as possible. You don’t want to wait too long. Once the statute of limitations expires, you will no longer be able to file a lawsuit. That’s why it’s important to know what your rights are and to take action immediately.
If you have been accused of a crime that has happened years or decades ago, one of the strongest possible defenses that you can use is to claim that the statute of limitations has expired. In order to prove your innocence, you need to hire a professional law group or firm that specializes in criminal law to help you prepare a strong defense and make sure that you don’t get a conviction.
Jun 16, 2022
Drug possession in California can lead to jail sentences and other penalties. The actual consequences depend on many factors, such as the type of drug in question, your intentions with it, quantity, etc. If you’d like to learn more about the possession of a controlled substance and subsequent consequences under California laws, check out the article below!
What Is a Controlled Substance?
The term controlled substance refers to a drug whose use is regulated by the law. Some substances, such as heroin and cocaine, are illegal in all situations. Others require a prescription, such as oxycodone and morphine.
The reason why the use of these chemicals and drugs is under strict government monitoring is potential addiction and abuse. If they charge you for possession, don’t hesitate to contact our attorneys. Our team has extensive experience and expertise in dealing with drug crimes, which can help build the best defense for your case.
What Is Possession of a Controlled Substance?
According to state laws, there are two different possessions. The first one is simple possession, which indicates you had the drug for personal use. Your charges could also indicate possession with intent to sell, which implies you planned to sell the substance.
If a police officer finds you with a drug listed among the Schedule drugs, you’ll probably be charged with possession of a controlled substance. Simple possession could be an infraction, which means a fine is the only possible penalty. If they classify it as a misdemeanor, it could be jail time and a fine. Depending on the substance quantity, type, and prior convictions, substance possession could be a felony.
If you get those charges, make sure to contact a drug crimes lawyer. A professional attorney will identify a solid defense for your case and help get the best out of the entire situation. The severest penalties the drug possession charges California has are related to transporting and possessing a controlled substance with the intention of selling it. If you moved the drug across at least two counties, the maximum sentence is up to nine years in jail.
How Does California Classify Controlled Substances?
In the United States, there’s a Controlled Substances Act on a federal level. However, the states also have the right to create lists of Schedule drugs.
According to the California Health and Safety Code, you’ll find five categories of scheduled substances:
- Schedule I. There’s no medical use for these drugs, and they come with a dangerous risk of abuse and addiction. The list includes heroin, LSD, PCP, ecstasy, and other opiates and hallucinogens. Although marijuana is in this group, lawmakers will likely remove it soon.
- Schedule II. Amphetamine and methamphetamine, as well as their precursors, are in this group. You’ll also find Vicodin and morphine, which can be bought with a prescription.
- Schedule III. The Schedule 3 drugs have some medical use but also a moderate risk of abuse and addiction. They include ketamine, testosterone, dronabinol, etc.
- Schedule IV. Xanax is a controlled substance in this group, as well as valium and phentermine. The medical community approves using these drugs, but only with a prescription.
- Schedule V. These has the lowest abuse and addiction risk and wide use in the medical community. Motofen, Lomotil, and even some cough medications are in this group.
What Are the Penalties for Drug Possession in California?
The penalties vary on the type and quantity of the drug, your intent with it, and other aggravating circumstances. For example, the penalty for possession of drug paraphernalia in California could be up to six months of jail time. Depending on your specific case, you might have eligibility for a diversion program.
Possession of Controlled Substances
The only way you could legally have a controlled substance on you is if you have a valid prescription and the amount within the specified range. Otherwise, you could be facing a charge under the drug crime law in California.
Depending on the details, you could be facing charges for the following:
- Actual possession. It happens when you have the drug on you. The police often find it in someone’s pockets or even shoes.
- Constructive possession. You were driving your car and had the drug in the compartment by the passenger’s seat. That means you exercised control over it and could access it easily. The same applies to keeping the drug in a gym locker. If it’s reasonable to assume it’s yours, you could face charges for constructive possession.
- Joint possession. It happens if multiple persons have access to the drug. For example, that occurs at parties or when two people are driving in the car. If nobody wants to admit the drug is theirs, everyone involved gets a joint possession charge.
Possession of Marijuana
You can legally possess up to 28.5 grams for recreational use in the State of California. The only condition is that you need to be at least 21 years old. It’s also unlawful to possess marijuana on K-12 school grounds while classes are in session.
Depending on the offense, possessing marijuana could be an infraction or misdemeanor. The fines range from $100 to $500, and other penalties include community service, drug counseling, and jail time.
Possession of Concentrated Cannabis
According to California drug possession laws, you can legally possess up to eight grams of cannabis concentrate for recreational use. But if you use medical marijuana, you aren’t subject to this limit. So you don’t have to worry about the quantity you have on you, but it’s important you have a valid prescription.
If you are a recreational user with more than eight grams of concentrated cannabis on you, that qualifies as a misdemeanor. The law states you can get a $500 fine and six months of jail time.
If you had concentrated cannabis with intent to sell it, it’s still a misdemeanor.
However, the offense could be upgraded to a felony on these grounds:
- You had at least two prior misdemeanors for a similar crime.
- The buyer for the cannabis you wanted to sell is less than 18 years old.
- You have a prior conviction for a sex crime, violent, or another serious felony.
New Synthetic Drug Ban
Near the end of 2016, the legislature passed a new law banning possession and sale of all synthetic cannabinoids (such as the popular drug “Spice”).
Possession for personal use is:
- An infraction for the first offense ($250 fine)
- An infraction or misdemeanor for the second offense ($500 and/or six months in jail)
- A misdemeanor for subsequent offenses ($1,000 and/or 6 months in jail)
Further, the court has the authority to divert some defendants to a drug treatment program in lieu of criminal charges. The sale or distribution of synthetic cannabinoids is classified as a misdemeanor subject to $1,000 fines and/or six months in jail.
New Classification for Date-Rape Drugs
California also recently added a law that raised the level of the crime for possession of drugs commonly associated with date-rape cases (e.g., ketamine, GHB, and Rohypnol) from a misdemeanor to a felony. There must be evidence of an intent to commit sexual assault to elevate the offense, and the new sentencing guidelines impose jail time for 16 months or two to three years.
Is Drug Possession a Felony in California?
Drug possession could be an infraction, misdemeanor, or felony.
The charge you’ll be facing depends on many factors, including:
- Substance type. If you were caught with a Schedule 1 drug, it increases the odds of receiving a felony charge.
- Drug quantity. The acceptable limits vary on the substance. But it’s not only about going above the lawful limit but how far you go. Having a large quantity of a controlled substance has more chances of ending up as a felony than owning only a small amount of the drug.
- An intention to sell the drugs. The lawmakers could see that as a danger to the community. Depending on the amount, you could face drug trafficking charges.
- Other circumstances. If you were resisting an arrest or committed a violent crime, it could worsen your situation.
How Long Do You Go to Jail for Drug Possession?
If you face a misdemeanor, the maximum punishment is 12 months in jail. For possession of marijuana, the offense is punishable by up to six months of jail time. Juvenile drug possession California charges could only be for an infraction. Defendants under 18 will probably face a $100 fine, community service, and drug counseling.
It’s only if you committed a felony that you can get a bigger jail punishment than 12 months. Prior convictions could make your next charge a felony. Alternatively, an intent to sell the drug leads to higher sentences. Finally, transporting a controlled substance is a felony. You could face up to five years in a state prison only for that offense.
What Is Proposition 47?
The voters passed the Proposition 47 referendum in 2014. Some call it the Safe Neighborhoods and Schools Act, and its main idea was to re-qualify some non-violent criminal acts. From then, crimes that don’t involve violence aren’t a felony but a misdemeanor.
Since possession of a controlled drug is a non-violent crime, the new Health and Safety Code considers it a misdemeanor. That means you can’t get more than a year in county jail. However, the misdemeanor benefits don’t apply if you had prior offenses similar to your latest one. Even if you are registered as a sex offender, you could end up with felony charges instead of a misdemeanor. It helps to have an experienced criminal defense lawyer in your corner if that happens. Don’t hesitate to contact our office and schedule an appointment to discuss your case.
How to Get Drug Possession Charges Dropped?
The defense will depend on your specific case. Your lawyer will assess the Health and Safety Code 11350(a) HS, which makes it illegal to possess a controlled substance in California. After gathering the details, they could go with these defense options:
- The drug wasn’t yours. If it’s an option to claim the drug was someone else’s, this could be your defense.
- You didn’t have control over it. It’s a frequent defense in cases of constructive and joint possession.
- You had a valid prescription. If it’s not possible to prove you didn’t have a prescription, you could get the charges dropped on these grounds.
- The drug search and seizure was illegal. If the police didn’t follow relevant procedures, the case would be dropped.
- You didn’t know the drug was there. This approach might help to lower your sentence, but it rarely gets the charges dropped.
It’s vital to identify your best options against drug felony charges. That’s why you need an experienced lawyer with drug crime expertise. Our defense attorneys will listen to you carefully and analyze all details before building a case. That will ensure you have the best defense and odds of getting a positive outcome from the process.
Feel free to get in touch and schedule an appointment with our professional defense lawyers!
