Monder Law Group - News

Definition & Meaning of Spousal Battery

According to statistics, offenses pertaining to domestic violence (DV) account for approximately 20% of all violent crimes reported in California. Every day, local DV hotlines receive an average of ~20,000 calls – and instances of spousal battery make up the majority of them.

This effectively places the domestic battery among the most common DV offenses in the State. However, despite the preponderance and implications, most individuals still do not know what constitutes this crime.

Since being sentenced for spousal battery can have severe repercussions and necessitate the mindful and strategic legal aid of the experienced San Diego domestic battery lawyer to even stand a chance at defense, it is crucial to familiarize yourself with its definition and meaning.

How does California define battery?

In California, the definition of spousal battery is as follows:

• Spousal battery (“domestic battery”; “battery to spouse”) is any willful and unlawful touching, use of force, or violence upon a current or former intimate partner, against his or her will, with the intention of inflicting offense or bodily harm upon them.

What is the meaning of spouse battery?

From the previous definition, we can extrapolate the elements of this crime:

• “willful and unlawful touching, use of force, or violence” – the act must be intentional (not accidental) and performed without legal justification (e.g. not done in self-defense or to protect the other person);
• “current or former intimate partner” – the crime is not restricted to a spouse but, rather, pertains to the current or former spouse, fiancée or fiancé, cohabitant, relationship partner, or the other parent of a child;
• “intention of inflicting offense or bodily harm” – any form of touching, no matter how slight, can be considered battery if it is done in an aggressive, rude, or disrespectful manner.

However, the most important thing to note here is that, unlike corporal injury, the crime of spousal battery does not require the victim to be physically injured – proving that the person used force or violence with intent is enough for conviction.

What is an example of battery?

Here are some real-world examples of what can be considered a crime of domestic battery in California:

• Hitting: A wife slaps the husband across the face, scratching their cheek;
• Grabbing: A boyfriend grabs his long-term girlfriend by the shoulders with excessive force, causing pain and bruising;
• Shoving: A man pushes his ex-wife, causing her to fall over and injure her arm;
• Kicking: One partner kicks another in the leg, causing bruising and swelling;
• Throwing objects: A woman throws a glass at her partner, hitting them in the head and causing a cut;
• Choking: A man puts his hands around their former partner’s neck, restricting breathing;
• Spitting: One person spits on another during an argument, and the spit lands on their face or body.

You may have noticed that none of the above examples involves any type of verbal abuse, such as insulting or slurring. Although it might seem counterintuitive, verbal abuse does not constitute spousal battery, no matter how distressing or harmful. Only instances involving physical contact count as domestic battery, whether they be direct (slapping, kicking, etc.) or indirect (spitting, throwing objects, etc.).

What is battery vs assault in California?

Assault and battery often go hand in hand, which is why these terms are frequently used interchangeably or considered to be one and the same. However, this is a common mistake, as assault and battery are two distinct offenses:

• Battery refers to the actual use of force or violence against another person;
• Assault is an attempt, paired with present ability, to inflict an injury upon another person;

As such, assault can be defined as an attempt to commit battery, since it involves intentional action that would result in battery if completed, only without the actual physical contact.

Where can I find a specialized San Diego domestic battery lawyer near me?

If you’re charged with any form of domestic violence, whether it be domestic battery, child abuse and neglect, or abuse of the elder, turning to Monder Criminal Lawyer Group is your best chance at a favorable outcome and avoiding severe repercussions these crimes carry.

Our attorneys have extensive experience in the field of domestic violence, tailoring their strategies to the unique circumstances of each case. Contact us today to schedule an appointment, visit our offices near Central Courthouse, and let us fight for your future!

Monder Law Group - News

Legal Aspects & Consequences of Spousal Battery

While disputes are commonplace in any relationship, sometimes they can escalate into something more severe. Unfortunately, in the instance of domestic violence cases, “sometimes” can be translated into “very often”.

The very nature of these crimes makes them universally frowned upon by the California legal system, which is reflected in the fact that the defense against DV accusations is virtually impossible without the aid of an adept San Diego domestic battery attorney.

Furthermore, if sentenced, the punishment for spousal battery can be severe, carrying high fines and long jail times. Today, we’ll be exploring the legal aspect of spousal battery and its implications for the perpetrator.

What is the penal code for spousal battery in California?

Spousal battery is charged under California Penal Code (PC) §243(e)(1). Under this law, a person can be arrested and charged with battery to a spouse if the following elements of the crime are present:

• The crime is committed intentionally and without legal justification (e.g. not to defend oneself or others);
• There was forceful or violent physical contact inflicted upon the victim;
• The victim is a current or former relationship partner (e.g. spouse, fiancé/fianceé, co-parent, cohabitant, long-term boyfriend/girlfriend, etc.)

What is the punishment for battery in California?

Typically, spousal battery is charged as a misdemeanor but it can escalate to a felony, depending on the specific circumstances of the case and the presence of aggravating factors, such as:

• Using a weapon during an incident;
• The victim sustained serious injuries;
• The perpetrator has previous convictions of domestic violence or other violent crimes;
• Battery occurred in violation of an existing restraining order;
• The crime was committed in front of children;
• Battery is/was part of an ongoing cycle of abuse.

Is battery a misdemeanor in California?

If there are no aggravating factors present and the victim suffered minor injuries only (e.g. bruising, scratches, redness, etc.) or no injuries at all, the perpetrator will typically be charged with simple domestic battery. This offense is a misdemeanor carrying the following penalties:

• Fines: Up to $2,000;
• Jail time: Up to one year in county jail;
• Informal probation: Up to three years.

Two things to note here: First, if probation is granted as a part of the sentence, the perpetrator will be obligated to complete a Batterer Treatment Program which lasts for one year. In addition, they may be legally required to cover any expenses that the victim incurred as a result of battery.

When is domestic battery a felony?

If aggravating factors are present and a victim sustained serious injuries (e.g. fractures, concussions, deep lacerations, permanent disfigurement, etc.), the perpetrator may be charged with aggravated battery or corporal injury.

Aggravated battery is a “wobbler” case, meaning that the persecution can pursue it either as a misdemeanor or felony:

• Misdemeanor aggravated battery can result in fines of up to $1,000 and/or up to a year in county jail.
• Felony aggravated battery can result in fines of up to $10,000 and/or 2, 3, or 4 years in state prison.

If the victim sustained severe bodily injuries as a result of battery, further enhancements of 3 to 6 years in state prison apply.

Corporal injury is also a “wobbler” and the sentence will depend on how it’s tried:

• Misdemeanor corporal injury can result in up to one year in county jail and/or a fine of up to $6,000.
• Felony corporal injury can result in 2, 3, or 4 years in state prison and/or a fine of up to $6,000.

Similarly to aggravated battery, further enhancements may apply in the form of additional prison time or fines, restraining orders, a lifetime ban on owning firearms, and loss of professional licenses.

Can I drop battery charges in California?

The simple answer is “no”. Once the victim reports the crime to the police or relevant authorities, the decision is effectively out of the victim’s hands. After an accusation has been made, only the prosecuting attorney (district attorney or prosecutor) can drop the domestic battery charges.

Where can I find a reliable San Diego domestic battery attorney near me?

Whether in Downtown San Diego or the rest of the County, you won’t find anyone better to entrust with domestic violence defense than Monder Criminal Lawyer Group. For years, we’ve been offering mindful legal aid and fierce representation in all aspects of the CA DV law, ranging from complex spousal battery accusations to sensitive elderly abuse allegations to the most difficult child abuse and endangerment cases. Contact us today and ensure you have a partner that stops at nothing to ensure a favorable outcome for your case!

Monder Law Group - News

Felony Domestic Violence: Corporal Injury Laws Explained

Domestic violence (DV) is an event that can and, often, does leave trauma that goes beyond physical. For this reason, it is a crime that is regarded with the strongest disapproval – both by the public and, especially, by the California justice system.

Given the severity of this offense, understanding DV laws is critical for every party involved, whether they are a San Diego corporal injury lawyer looking to represent the defendant or a concerned relative looking to support the victim. 

What is PC 273.5 A in California? 

Penal Code (PC) §273.5 is one of California’s primary domestic violence laws. This piece of legislation outlaws causing physical injury to a spouse, cohabitant, romantic (dating) partner, or co-parent.

The sub-section §273.5(a), specifically deals with inflicting a corporal injury that results in a traumatic condition upon a previously described victim, classifying it as a felony offense that carries severe repercussions.

What is a corporal injury charge in California?

To be charged under PC §273.5(a), the prosecution must prove that the crime contained the following elements:

• A person willfully inflicted a physical injury;
• Injury has been inflicted on a current or former partner;
• Inflicted physical injury resulted in a traumatic condition.

As we can see, there are three elements to the crime:

• “Willfully” – means that the person acted with intent to cause physical harm;
• “Current or former partner” – refers to an individual with whom a defendant has or had an intimate or romantic relationship, regardless of the duration of said relationship. This may include a spouse, registered domestic partner, live-in boyfriend or girlfriend (a “cohabitant”), fiance(e), a child’s other parent, or an individual with whom the defendant has a serious dating relationship.
• “Traumatic condition” – is any wound or other bodily (corporal) injury resulting from the direct application of physical force.

It must be noted that a wound or injury does not have to be serious to constitute a traumatic condition. Even a minor wound or injury, such as a bruise or a sprain, may be enough for a DV case to be tried as a felony under PC §273.5(a).

Some other injuries that count as traumatic conditions for the purposes of corporate injury charges include (but aren’t limited to): broken bones, concussions, internal bleeding, injuries arising from suffocation/strangulation, etc.

What is the statute of limitations for 273.5 in California?

Prior to January 1, 2020, the Statute of Limitations (SOL) stated that a person couldn’t be charged with a felony domestic violence under PC §273.5 more than three years after the crime happened. However, a new CA Senate Bill 273 increased that period. Today, under PC §803.7, a person can be charged with a felony domestic violence up to five years after the incident. 

Who is San Diego’s Leading corporal injury lawyer near me?

If you or someone you know is facing felony domestic violence charges, turning to Monder Criminal Lawyer Group is the best course of action. We have extensive knowledge and first-hand experience handling domestic violence cases, making us uniquely equipped to deal with any and all potential scenarios.

Our veteran lawyers are relentless in exploring different avenues of possibilities and meticulous in tailoring strategies ideally suited to your unique predicament. In addition, our team has been handling cases from other facets of criminal law, including felony drug charges and drug selling/trafficking cases, giving us a unique perspective on the CA legal landscape which only works to your benefit.

Reach out to us today and ensure you have a partner who is ready to fight for your rights without reserve!

Monder Law Group - News

Sentences for Felony Domestic Violence: Corporal Injury

In the Golden State, domestic violence is viewed highly unfavorably both by the public and the legal system, especially if it results in corporal injury. As such, penalties for this crime can be severe, ranging from hefty fines to lengthy prison times. 

Considering the nature of the charges, effective defense will necessitate the involvement of a highly knowledgeable and experienced San Diego corporal injury attorney, if a defendant is to expect a favorable outcome.

Is California Penal Code 273.5 A an aggravated felony?

First of all, it is important to note that CA PC 273.5 is considered a “wobbler” crime. This means that:

1. The prosecution can choose to charge it either as a misdemeanor or a felony;
2. The judge can choose to punish a wobbler crime as a misdemeanor or a felony;
3. The defendant if convicted of felony domestic violence, may sometimes be allowed to file a petition to reduce a felony conviction to a misdemeanor.

That being said, domestic violence can be classified and tried as an aggravated felony. Under PC 273.5, corporal injury counts as a crime involving “moral turpitude” and, as such, constitutes a crime of violence.

What is the sentence for corporal injury in California?

The severity of the sentence for corporal injury in a domestic violence case will largely depend on whether it is tried as a misdemeanor or a felony:

• A misdemeanor conviction may carry no more than 1 year in county jail and/or a fine of up to $6,000.
• A felony conviction can carry 2, 3, or 4 years in state prison and/or a fine of up to $6,000.

It must be noted that these penalties apply to first-time offenders only. If a person has priors, further enhancements may apply, as follows:

• If, within the last 7 years, a defendant has been convicted of corporal injury on a spouse, assault/battery resulting in serious bodily injury, assault with a deadly weapon, or sexual battery, the sentence may be increased by:
  • Up to 1 year in county jail, or;
  • 2, 4, or 5 years in state prison, and/or;
  • A fine of up to $10,000.
• If, within the last 7 years, a defendant has been convicted of a battery on a spouse, the sentence can be enhanced to:
  • Up to 1 year in county jail, or;
  • 2, 4, or 4 years in state prison, and/or;
  • A fine of up to $10,000.

In addition to the aforementioned, if DV corporal injury is sentenced as a felony, it may result in additional penalties, including:

• Domestic violence restraining order;
• Lifetime prohibition to own a firearm;
• Loss of a professional license(s).

Finally, it must be noted that, if a crime of domestic violence has been committed by a non-US citizen, a conviction can lead to a host of immigration issues, which may (and often do) result in deportation.

Where in San Diego can I find a well-versed corporal injury attorney near me?

At Monder Criminal Lawyer Group, you can find some of the finest legal representatives north of the US-Mexico Border and beyond. Over the course of our tenure, our dedicated attorneys have handled thousands of cases to the ultimate benefit of our clients.

We specialize in multiple aspects of criminal law and can handle a wide variety of cases, ranging from domestic violence that resulted in corporal injury to felony charges related to drug sales. Our experienced lawyers adopt a client-centric approach in every instance, tailoring strategies specific to each person and circumstance. 

Whether you’re facing consequences for selling drugs or a simple misdemeanor charge, you can count on us to put our collective expertise to good use and ensure the best possible outcome for your case. Contact us today to schedule your free first-time consultation.

Monder Law Group - News

Legal & Social Consequences of Selling Drugs in California

Every year, illegal drugs ruin tens of thousands of lives in California and hundreds of thousands more across the US. In fact, according to the CDC, in September 2023 there were over one million overdose deaths in the US, more than 10,000 of which were in the Golden State.

However, those are overdose deaths alone. What about addiction-induced family violence, severe traumatic injuries caused by drug quarrels, innocent lives lost just because they accidentally stumbled upon a drug deal in progress?

The numbers are exorbitant – and they’re a daily reality, so it’s no wonder that state and federal governments aggressively pursue and trial those who distribute illegal drugs. But, what does that mean for those charged with drug-related crimes, aside from having to find the best drug sales lawyer in San Diego to provide strategic defense in the court of law?

What are the consequences of being a drug dealer?

Drug trafficking, commonly known as “dealing”, is a felony offense involving the illegal sale, distribution, or transportation of controlled substances. In California, it is governed by the Health and Safety Code (HSC), specifically HSC §11352, which outlines the following penalties for perpetrators: 

• Prison time ranging from 3 to 9 years;
• Fines of up to $20,000;
• Felony probation in lieu or in addition to imprisonment;
• Asset forfeiture, including money and property obtained through or used in trafficking.

However, the abovementioned sentences apply only if there are no aggravating circumstances, such as:

• Presence of previous violent or drug-related offenses;
• Transporting large quantities of drugs (varies for each type of drug);
• Selling to or involving minors in sales;
• Distributing drugs to vulnerable individuals (e.g. recovering addicts, pregnant women, etc.)
• Dealing drugs near rehabilitation clinics or similar facilities.

If these and similar aggravating circumstances are present, the sentence can be subject to further enhancement including an additional 3-5 years in jail and fines of up to $20,000.

It should be noted that drug trafficking can be tried as a federal offense, depending on the type (Schedule) of a controlled substance, whether the volume of drugs exceeds a certain amount, and whether they were transported across national borders. Federal charges carry much more severe penalties than state ones, including up to life imprisonment and millions of dollars in fines.

In addition, a conviction for drug dealing can result in long-term consequences beyond the aforementioned state/federal penalties, including:

• Difficulties finding employment: Employers are often reluctant to hire individuals with criminal records, especially for positions of trust and responsibility. 
• Difficulties finding housing: Similarly to employers, landlords and property managers are disinclined in leasing to applicants with criminal records.
• Civil rights restrictions: In some instances, drug trafficking convictions may result in a person being stripped of certain civil rights, such as the right to vote or possess firearms.
• Professional licensing restrictions: Certain professions, such as healthcare, law, education, and finance, may impose restrictions or outright ban individuals with criminal records from obtaining licenses and certifications necessary for their careers, further stifling employment and advancement opportunities.

Considering how felony offenses stay on record for the rest of one’s life (unless expungement is granted, which is a rare occurrence), it is easy to conclude that being charged for drug dealing is a grave matter that must be approached with the utmost seriousness, preferably with the help of a specialized lawyer.

Where can I find a highly proficient drug sales lawyer near me in San Diego?

Monder Criminal Lawyer Group is a collection of proven specialists, dedicated to providing aggressive and unyielding legal representation to individuals charged with drug-related crimes. We are ready to stand firm by your side and advocate for your rights using all of our experience, expertise, and every other resource at our disposal.

Count on our team to meticulously examine every detail of your case and tailor an ideal strategy for your specific circumstances, giving you the best shot at a beneficial outcome of your case. Contact us today to schedule a confidential consultation at our Downtown San Diego offices and let us ensure your rights are protected all the way.

Monder Law Group - News

Drug Sales Laws in California: A Comprehensive Breakdown

Whether illegal by default or unlawfully obtained, drugs have the potential to cause a whole host of problems not only to individuals but to their loved ones and communities as a whole. From drug-induced domestic violence that results in major bodily injuries to entire gang wars taking place on a virtually daily basis, the impact of drug abuse goes beyond the individual, seeping into every pore of society.

For these reasons, drug-related transgressions are viewed extremely unfavorably not only by courts in California but throughout the US. Selling controlled substances is one of the more serious ones and being charged with this crime often necessitates hiring an excellent drug sales attorney in San Diego if a person desires a favorable outcome of their case.

What is a felony drug charge in California?

In California, there are three types of offenses. In order of severity (from least to most severe), we have infractions, misdemeanors, and felonies. Therefore, “felony drug charge” falls into the domain of the most serious drug-related offenses and carries severe penalties.

However, “felony drug charge” is also a broad term that encompasses several transgressions, including: 

• Simple possession (possession for personal use);
• Possession with the intent to sell;
• Drug trafficking;
• Drug manufacturing.

Out of the above, only simple possession is regularly tried as a misdemeanor, with lighter penalties and lower fines. All of the other charges are almost exclusively tried as felony offenses. There are very few rare exceptions, but they typically involve a person being a first-time offender and the non-existence of aggravating circumstances.

Is selling drugs a felony in CA?

Yes, distributing drugs in any way, either directly (i.e. in person) or indirectly (i.e. via a third party) is always a felony. However, the California Health and Safety Code (HSC) defines two distinct instances related to this crime:

HSC §11351: Possession with the intent to sell

This section specifically addresses possession of controlled substances with the intent to sell, furnish, administer, transport for sale, or distribute them in any way. §11351 is applicable when an individual is found in possession of illegal drugs, but the evidence suggests they are not for personal use (e.g. quantity exceeds usable amount, presence of paraphernalia, or large quantities of cash).

It should be noted that drugs do not have to be on one’s person for a crime to constitute possession with the intent to sell; if they’re in the person’s controlled environment (e.g. trunk of a car or house), it can be enough for conviction. Similarly, no cash has to actually exchange hands; the presence of the aforementioned evidence can be enough to prove there was intent.

HSC §11352: Drug trafficking

Unlike HSC §11351, where intent is the sole focus, HSC §11352 deals with the instances where actual sale, furnishing, administration, transportation, or distribution of drugs take place. Needless to say, this is a much more severe offense because the act actually took place. As such, trafficking carries significantly higher penalties than possession with intent to sell, including lengthy prison sentences and fines that can reach millions of dollars.

Where can I find an experienced drug sales attorney near me in San Diego?

If you’re facing allegations of drug sales, your choice of legal representation can mean the difference between freedom and long incarceration. You need a partner who not only knows the relevant laws by heart but who can apply them with the utmost effectiveness – to your ultimate benefit. In the San Diego Bay area, you can find that partner in Monder Criminal Lawyer Group.

Our dedicated team specializes in defending clients from drug-related charges employing robust defense strategies tailored to the unique circumstances of your case. With us by your side, you can rest assured that your voice will be heard and your rights protected. Reach out to us today and let our proven professionals give your case the best chance of success!

Monder Law Group - News

Repercussions of Drug Trafficking in CA

The destructive potential of narcotics and other illegal substances places drug trafficking crimes at the very top of the seriousness list, both on the state and federal levels. Penalties for these offenses reflect the grave nature of the crimes, often resulting in lengthy prison sentences and exorbitant fines.

To make matters worse, the defense against these charges is extremely complex, especially if federal laws are involved. These cases often necessitate the inclusion of an experienced San Diego drug crime lawyer, since effective defense can only be achieved with the in-depth knowledge of the subject matter and inner workings of the justice system.

What amount of drugs is considered trafficking in California?

According to the California Health and Safety Code (HSC), the exact threshold for what amount constitutes trafficking varies based on the type of the drug. Specifically, in which controlled substance schedule the drug falls into, as defined by the Controlled Substances Act (CSA).

For some substances, such as Flunitrazepam and LSD mixture for instance, transporting as little as 1 gram can lead to several million dollars fines and a prison sentence of up to life – and that’s for the first-time offenders.

Individuals with 2 or more prior convictions, those whose actions caused severe injury or death to occur, or who involved minors in their drug trafficking efforts in any way, can expect even more severe repercussions.

What is the penalty for drug trafficking in California?

California HSC §11352 and §11379 define sentences for trafficking narcotics and trafficking dangerous drugs (which are not narcotics), respectively. First-time offenders can expect penalties of 3, 6, or 9 years in jail and a fine of up to $20,000. However, aggravating factors will also be taken into consideration, including the likes of:

• Transportation of high amounts of drugs (based on their respective schedules);
• Selling drugs to a minor or involving minors in trafficking operations;
• Trafficking near drug rehabilitation facilities;
• Supplying certain individuals with drugs, such as pregnant women, people with mental health disorders, recovering addicts, felons, and similar.

The presence of the aforementioned aggravating factors can lead to further sentence enhancement of up to 3 – 5 years in county jail and/or additional fines of up to $20,000.

What is the minimum sentence for drug trafficking in the US?

Federal laws are much harsher than their state counterparts when it comes to drug trafficking. They also carry far more severe penalties, with severity being determined by:

• Whether it is the person’s first offense or if they’re a repeating offender;
• The quantity of trafficked drugs and their placement on the Federal Drug Classification Schedule;
• Whether or not the use of said drugs caused death or serious injury to occur;
• Whether the person acted alone or as a part of a group (i.e. criminal organization).

Based on these factors, federal trafficking penalties for drugs across all schedules (excluding Marijuana) are as follows:

• For first-time offenders: from 5 to 40 years in prison;
  • Death or serious injury occurred: Minimum of 20 years to up to life in prison;
  • Solo effort: fine of up to $5 million;
  • Group/organized effort: fine of up to $25 million.
• For second-time offenders: Minimum of 10 to up to life in prison;
  • Death or serious injury occurred: life imprisonment;
  • Solo effort: fine of up to $8 million;
  • Group/organized effort: fine of up to $50 million.

Do note that further sentence enhancements may also apply, based on the drug placement in the Schedule. For instance, sentences for cocaine or cocaine base (crack) trafficking, which are Schedule II substances, can be lower than those for heroin or LSD, which are Schedule I.

Where can I find a knowledgeable San Diego drug crime lawyer near me?

Facing drug trafficking charges in California may feel like being cornered with no way out, but that is simply not true. You have rights and, more importantly, you have options – and we are here to help you realize them to the fullest.

Monder Criminal Lawyer Group comprises some of San Diego’s finest attorneys, specializing in various facets of state and federal criminal law. Count on us for mindful guidance and tailored defense strategies to help you achieve the best possible outcome for your case.

Contact us today, schedule an appointment at our offices near Spreckels Theatre, and let us work together to ensure your rights are upheld!

Monder Law Group - News

CA Drug Trafficking Laws: The Basics

By definition, drug trafficking refers to buying, selling, transporting, furnishing, giving away, or in any other way distributing or moving controlled substances. Trafficking can be an individual or collective effort (i.e. organized by criminal groups), conducted by any means (i.e. by car, on foot, etc.), with the end goal typically being profiting off the sales.

Being accused of trafficking or other drug-related crimes is a grave matter and defending against allegations will require an excellent San Diego drug crimes lawyer with an in-depth knowledge of the subject matter, for the reasons listed below.

Is trafficking a felony in California?

In general, yes, drug trafficking is considered a felony offense not only in California but throughout the US. Federal laws, as well as the laws of individual states, classify trafficking as a serious crime. The primary reason behind such an unfavorable view is simple, realistic, and logical. 

Drugs pose an extreme danger to public health and safety both directly, by causing addiction and death, and indirectly, by fueling criminal activity and violence. As such, drug trafficking and related offenses are subject to the most rigorous penalties, reflecting the severe nature of these crimes.

What is the statute for trafficking in California?

In California, there’s no one unified law governing all trafficking-related crimes. Rather, they fall under various statutes, including the Health and Safety Code (HSC) and Penal Code (PC), the most relevant ones being:

• HSC §11352 strictly prohibits the transportation, sale, importation, or furnishing of controlled substances;
• HSC §11351 deals in possession of drugs with the intent to sell, which can include moving them from one location to another;
• HSC §11379.6 explicitly prohibits the manufacturing of drugs but, also, any knowing participation in the process, including supplying (delivering) raw materials (“base”);
• PC §182 is a bit more broad, as it addresses the so-called “criminal conspiracy”. Nevertheless, it can be applied in the case of trafficking, specifically in cases where said offense is an organized group activity.

It must be noted that drug trafficking is also illegal on a federal level. 21 U.S.C. §841 states that it is “unlawful for any person [to] knowingly or intentionally manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance.”

Whether the person (trafficker) is charged under federal or state law depends on the specific circumstances. For instance, if the trafficking remains confined to California borders (i.e. drugs do not cross state lines), the state law will apply in most cases.

However, if illegal substances do cross state or national borders, federal laws will apply in every case, and these statutes define penalties that are much more severe than their California-specific counterparts.

What is the difference between drug smuggling and drug trafficking?

While they may appear the same, trafficking and smuggling are two different activities, both from the standpoint of execution and how they’re treated by relevant laws. The main differences are:

• Drug smuggling refers to the clandestine importation or exportation of illegal substances across state or national borders. Elaborate concealment strategies are often employed to avoid interception by authorities.
• Drug trafficking encompasses a broader range of activities, including moving, selling, and otherwise distributing illegal substances, typically (but not necessarily) limited to a particular area (e.g. Mission Valley), region (e.g. San Diego County), or state (e.g. California).

With this in mind, we can say that smuggling is an integral component of trafficking. In many cases, smuggling is a precursor to trafficking, as the majority of drugs aren’t actually produced in the US but, rather, need to be (illegally) imported into the country.

Who’s the leading San Diego drug crimes lawyer near me?

If you’re facing drug trafficking charges, you’ll need a legal team that knows California criminal laws by heart and that’s ready to use it all to build you the most robust defense possible. In San Diego, that team is Monder Criminal Lawyer Group.

Our specialists excel in various aspects of criminal defense, as is evidenced by our reputation for excellence and thousands of successful cases. We tailor our strategies to your unique circumstances, providing knowledgeable guidance every step of the way, and working tirelessly to protect your rights. Schedule your appointment today!

Monder Law Group - News

Cocaine Laws in California Explained

Cocaine is one of the most famous, widespread, and abused drugs in the world. It is a potent stimulant with high addictive potential and little to no medical use, which is why it is classified as a Schedule II Controlled Substance.

On the other hand, cocaine base, which typically refers to crack cocaine for the purposes of federal persecution, has no accepted medical use and is therefore classified as a Schedule I Controlled Substance.

Recognizing the destructive potential of the aforementioned substances, California’s legal system implemented rigorous laws for any type of cocaine-related offense. Due to the seriousness of being charged with these crimes, effective defense is only achievable by hiring a well-versed cocaine drug crime attorney in San Diego, CA.

What is the Health and Safety Code for cocaine in California?

In California, cocaine-related crimes are governed by the Health and Safety (HS) Code, sections 11350-11352. Under these laws, possession, sale, and trafficking of cocaine and cocaine base (crack cocaine) are all considered felony offenses, carrying significant penalties.

Simple possession of cocaine

Otherwise known as “possession for personal use”, CA HS§11350 defines simple possession as either:

• Actual possession: knowingly holding or carrying cocaine on your person;
• Constructive possession: knowingly having control over cocaine, even if it is not on your person (i.e. keeping it in the trunk of a car or in the house);
• Joint possession: knowingly sharing control over cocaine with at least one other person.

Although cocaine crimes are generally considered felonies, most possession offenses as tried as misdemeanors. Do note that the charges can be dismissed and jail time avoided altogether, provided that the defendant completes one of California’s drug diversion programs, such as PC 1000 or Prop 36.

However, both the diversion programs and the possibility of simple possession being tried as a misdemeanor aren’t a possibility if the person is previously convicted of serious crimes, such as murder or other drug-related felonies, as well as being a registered sex offender.

Possession of cocaine with the intent to sell

Under CA HS§11351, “possession of cocaine with the intent to sell” is a felony offense that carries much harsher penalties than simple possession. To prove that the accused had the intent to sell, persecution will have to present different pieces of evidence, such as:

• Large quantities of substance were found on one’s person or their premises;
• Drugs were divided into smaller containers or bags, ready for distribution;
• Paraphernalia typically related to drug sales was present;
• Large amounts of cash (from previous sales);
• Being present in the locales where drug deals usually take place.

Also, do note that cocaine and cocaine base carry different penalties, with the latter being much more severe, due to the difference in their respective Schedules.

Cocaine trafficking

Drug trafficking, also known as “transportation for sale” is governed by the CA HS§11352, and is defined as “importing, transporting, furnishing, distributing, administering, or giving away cocaine (or crack cocaine)”, as well as offering to do anything of the above.

Trafficking, in general, carries extreme penalties, incremental based on the various circumstances, including the quantity of the substance, the number of county lines it was transported across, and even selected transportation routes.

Where can I find a dedicated cocaine drug crime attorney near me in San Diego, CA?

From Rancho Encantada all the way to the Pacific coast, there’s no one better to represent you than Monder Criminal Lawyer Group. Whether you’re accused of simple possession of cocaine trafficking, our experienced attorneys will put all of their collective knowledge and resources toward protecting your rights.

We’re beyond diligent when it comes to gathering evidence and forming robust defense strategies, ensuring every little detail works in your favor in the court of law. Reach out to us today to schedule a free consultation and ensure you have a partner who is ready to fight for your rights!

Monder Law Group - News

Penalties for Cocaine-Related Crimes in CA

Cocaine and its free-base form (crack cocaine) are powerful stimulants with extreme addictive potential. Given the fact that they have virtually no accepted medical application makes both drugs rank high in the controlled substances range (Schedule II and I, respectively).

This also makes cocaine and crack cocaine possession, distribution, and transportation illegal in every US state, California included. Being charged with related crimes carries severe repercussions, including lengthy prison sentences and exorbitant fines.

As courts view these charges highly unfavorably, defending against the aforementioned accusations can be beyond challenging and is typically only achievable by having the best San Diego, CA cocaine drug crime attorney you can find.

What is the penalty for cocaine in California?

Penalties for cocaine-related transgressions in California depend on the nature of the crime (e.g. whether it’s classified as a felony or misdemeanor), as well as the presence of aggravating factors, such as prior charges for serious offenses.

Penalties for simple possession of cocaine

In most cases, cocaine possession for personal use (e.g. “simple possession”) is charged as a misdemeanor, carrying up to 1 year in county jail and/or fines of up to $1,000. However, if the accused has previous convictions for certain serious offenses, such as murder or other drug-related crimes, simple possession is tried as a felony and carries the following penalties:

• Jail sentence of up to 16 months, 2 years, or 3 years, and;
• Fines up to $10,000;

It should be noted that charges can be dropped and jail sentence avoided if the accused completes one of California’s drug diversion programs, such as PC 1000 or Prop 36. However, these programs are generally reserved only for first-time, non-violent offenders.

Another specific situation that bears mentioning is cocaine possession while being armed with an operable firearm at the same time. According to the HS §11370.1, this is a felony offense punishable with up to 4 years in jail or prison and a fine of up to $10,000.

Penalties for possession of cocaine with intent to sell

Possession of a controlled substance for sale is always a felony offense. In this specific case, penalties will depend on the type of the substance:

• For cocaine, penalties include 2, 3, or 4 years in state prison and fines of up to $20,000;
• For crack cocaine, penalties include 3, 4, or 5 years in state prison and fines of up to $20,000.

However, if the amount of cocaine or crack exceeds 1kg, the court will impose enhancements to the penalty that may include:

• Additional 3 – 25 years in prison, and;
• Fines of up to $8 million.

Penalties for cocaine trafficking

Controlled substance trafficking is a felony offense punishable with 3, 4, or 5 years in state prison and fines of up to $20,000 if the accused is a first-time offender. If this is not the case and other aggravating factors are present, further enhancements to penalties may be applied.

This may include instances such as selling cocaine to a minor, transporting it across two or more state lines, distributing it near drug treatment facilities, and even giving it away to vulnerable individuals (e.g. pregnant women, homeless people, individuals with mental health disorders, etc.).

The aforementioned aggravating factors can each result in a sentence enhancement of up to 2 – 5 years in prison, as well as fines of up to $20,000. In addition, the enhancement for quantities exceeding 1kg applies in case of trafficking as well.

Which San Diego, CA cocaine drug crime attorney near me should I choose?

At Monder Criminal Lawyer Group you can find the finest legal representatives anywhere from Bay Terraces to North City. Recognized as authorities in their field, our attorneys are well-renowned for their assertiveness and strategic approach to case-building.

Whether you’re charged with drug trafficking or simple possession, rest assured that we’ll employ all our collective expertise to build a robust defense and provide fierce advocacy. Reach out to us today and ensure you have a reliable partner dedicated to your future!