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Heroin Drug Crimes: Laws & Charges

As one of the most potent opioids in existence, heroin has long been a thorn in the side of governments throughout the world. Its devastating potential and highly addictive nature made it a focal point in the battle against substance abuse in both public health and law enforcement. The situation in California is no different, especially in recent years.

With the new methods of introducing heroin into the organism, this drug has seen a surge in popularity leading to an increase in overdose and death by overdose numbers across the state. For these reasons, heroin drug crimes are met with strict legal consequences, with the potential to leave a permanent blemish on one’s criminal record.

Therefore, if you or someone you know is charged with related offenses, it is essential not only to have an excellent San Diego, CA heroin drug crime attorney but, also, to understand the laws and charges governing these crimes.

What is the law on heroin in California?

Under the California Health and Safety Code (HSC), heroin is classified as a Schedule I Controlled Substance, meaning it has no accepted medical use while having an extremely high potential for abuse. While this fact effectively places heroin at the topmost part of the illegal substances list, there are no laws in California that specifically target its possession, distribution, or manufacturing.

What is the CA HS code for heroin?

In California, heroin-related crimes are addressed through the aforementioned Health and Safety Code, namely:

• HSC §11350: Simple possession;
• HSC §11351: Possession for sale;
• HSC §11352: Transportation.

HSC §11350: Simple possession

Under HSC §11350, possession of even a small amount of heroin can lead to severe consequences. Depending on the circumstances of the case, offenders can face either misdemeanor or felony charges.

However, it is critical to note that the misdemeanor charges are almost exclusively reserved for non-violent offenders without prior convictions. In most cases, heroin possession is treated as a felony and carries corresponding penalties, including high fines and incarceration.

HSC §11351: Possession for sale

This charge is applicable in instances where law enforcement has reasonable suspicion that the individual found in possession of heroin has the intent to further distribute it. Here, it is important to note that “sales” do not imply monetary compensation only. They also pertain to any attempts to pass on the drug to another party, including furnishing or giving it away.

Possession for sale is a much more severe offense than simple possession. As such, it is typically charged as a felony and carries substantial fines, along with extensive prison sentences, depending on the existence of aggravating factors.

HSC §11352: Transportation

Heroin trafficking is an extremely serious crime and is tried as a felony offense in the vast majority of cases. Those found guilty almost certainly face lengthy incarceration and hefty fines, along with additional consequences, such as forfeiture of assets, stringent probation/parole conditions, loss of professional licenses, and more.

How many grams is a felony in California?

California law does not expressly specify a particular quantity of heroin that automatically constitutes a felony. Rather, it takes into consideration multiple factors, such as intent to sell or previous offenses, to determine the severity of the charges.

Who’s the most prominent heroin drug crime attorney near me in San Diego, CA?

Whether you’re facing charges for heroin possession, meth trafficking or distribution, or any similar drug-related offense, Monder Criminal Lawyer Group is your best shot at securing a favorable outcome for your case.

Our award-winning team comprises veterans in the field of California criminal law, each boasting a lengthy list of cases resolved to the ultimate benefit of our clients. Reach out to us today and ensure you have the most dedicated legal partner east of the Rose Canyon!

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Penalties for Heroin Possession & Dealing in CA

For the longest time, heroin has been a critical public health concern throughout the US. This incredibly potent and addictive drug is known to wreak havoc on individuals, families, and even entire communities.

The dangers inherent in heroin use prompted the legal systems across the country to institute what many consider borderline extreme penalties, even for individuals found guilty of (seemingly) minor heroin-related offenses. While opinions about the severity of consequences are still divided, one thing is for certain:

Being charged with heroin-related crimes is a grave matter. In most instances, addressing it requires the assistance of a proficient San Diego, CA heroin drug crime attorney. Even more than that, it requires understanding the potential implications of being found guilty of these offenses.

What is the penalty for heroin possession in California?

California Health and Safety Code (HSC) distinguishes between two types of heroin possession crimes:

• Simple possession (HSC §11350) refers to the unlawful possession of a controlled substance (i.e. heroin), typically for personal use, but without the intention to sell or distribute.
• Possession with the intent to sell (HSC §11350) implies unlawful possession of a drug and the intent to sell, distribute, furnish, or transfer it to others in any way.

Penalties for simple possession

Under HSC §11350, simple possession of heroin is classified as a felony offense and carries the following penalties:

• Up to 16 months in county jail;
• Fines of up to $20,000.

Recently, it has been found that simple possession rarely necessitates such extreme penalties. In most cases, it is charged as a misdemeanor, typically resulting in summary probation. However, if the perpetrator is a violent offender or has prior felony convictions, charges can be upgraded to felonies, resulting in prison sentences of up to 4 years.

Prop 36 & PC-1000

Under Proposition 36 and CA Penal Code §1000 (PC-1000), non-violent offenders may be eligible for a Drug Diversion Program. This is a court-approved program that obligates participants to:

• Go through drug treatment or education;
• Submit to regular drug testing;
• File proof or appear in court with updates about their progress.

Upon the successful completion of the program, all criminal charges are dropped.

Penalties for possession with the intent to sell

Under HSC §11351, possession of heroin with the intent to sell is always charged as a felony, punishable with:

• Up to 4 years in state prison;
• Fines not to exceed $20,000.

In addition, individuals convicted of this crime are hardly ever entitled to a Drug Division Program.

What is the penalty for dealing heroin in CA?

Selling and transporting heroin (or any other controlled substance such as meth, cocaine, peyote, etc.) is a felony offense, with charges governed by the HSC §11352. The severity of penalties for this crime varies depending on:

• The quantity being sold or transported;
• The distance across which it has been transported.

Based on these factors and not accounting for aggravating circumstances, the penalties for dealing heroin can be:

• Quantity not exceeding 14.25 grams:
  • Up to 5 years in state prison, increased to 9 years if drugs were transported across two or more county lines;
  • Fines of up to $20,000;
• Quantity exceeding 14.25 grams: Fines can be increased to $50,000;

However, if the quantity of heroin found on one’s person exceeds 1kg, the severity of penalties increases drastically:

• Additional 3-25 years in prison time;
• Fines of up to $8 million.

Which San Diego CA heroin drug crime attorney near me is regarded as most proficient?

If you or someone you know is facing charges related to drug offenses, including heroin, cocaine, or meth possession and distribution, turn to Monder Criminal Lawyer Group. For 25+ years, our team has been providing unwavering legal support to individuals across the San Diego area.

Today, we stand ready to be your sword and shield in an upcoming fight for your future. Contact us right away to schedule a free consultation or a meeting at our HQ near Naval Medical Center, and ensure you have a team dedicated to safeguarding your rights with robust defense strategies tailored to your unique circumstances.

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Potential Charges for Meth in CA

Methamphetamine, commonly known as “meth”, is an incredibly potent and extremely addictive stimulant that poses a severe threat to both individuals and public safety. The prevalence of this drug, especially in recent decades, has led to a surge in meth-related crimes, leaving devastating consequences on entire communities.

The severity and pervasiveness of meth-related crimes prompted a string of rigorous legal measures throughout the US. California, in particular, recognized the profound impact of meth on public health and safety, implementing strict laws and penalties to deter its illicit production, distribution, and use.

Considering the grave nature of the charges related to these offenses, it is of vital importance to understand their implications, as well as to secure a competent legal representation in the form of an experienced meth drug crime attorney in San Diego to ensure robust defense tailored to unique circumstances of a specific case.

What are the charges for meth in California?

While not as severe as, say, heroin possession and trafficking, California’s legal system does not take meth-related offenses lightly. Since meth is classified as a Schedule II Controlled Substance, related charges are governed by California Health and Safety (HS) Code. Of particular interest to us are sections §11377, §11378, and §11379.

What is the charge of 11377?

• HS §11377 pertains to the unlawful possession of methamphetamine (for personal use).

Under this section, individuals are subject to charges if they’re found in possession of meth on their person or any personal space. The most important thing to realize about HS §11377 is that the charges are not limited by quantity, meaning that even the possession of small amounts can lead to a full extent of legal repercussions.

What is the difference between HS 11350 and 11377?

Both HS §11350 and HS §11377 are the so-called “simple possession charges”. The difference between them is minor and nuanced:

• HS §11350 is more general, governing a wide array of restricted drugs. Additionally, offenses in this category are typically tried as felonies (with a few specific exceptions);
• HS §11377 governs charges related to a specific substance (i.e. methamphetamine), and offenses in this category can be tried as misdemeanors.

It should be noted that the decision of which code section should be charged is entirely at the discretion of the prosecution.

What is a 11378 charge?

• HS §11378 deals with the possession of methamphetamine with the intent to sell.

A step above the HS §11377, this charge pertains to individuals who are (allegedly) involved in the distribution and/or sale of meth. Quantity plays a major role here, as well as any other evidence suggesting an intent to sell, such as packaging materials, drug paraphernalia, customer lists/ledgers, etc. Needless to say, being convicted under HS §11378 carries more severe consequences than simple possession charges.

What is a 11379 charge in California?

• HS §11379 addresses the transportation of methamphetamine (for sale).

Under this section, any attempt to import or transport meth, as well as sell, give away, furnish, or offer to perform any of the aforementioned actions is considered a criminal act. The “give away/furnish” part is of particular interest, as it implies that charges are applicable even if the drugs aren’t exchanged for anything of value (i.e. money or services).

Another subsection that bears mention here is the HS §11379.6, as it is considered one of the most grave meth-related offenses:

• HS §11379.6 addresses the manufacturing or production of methamphetamine.

This specific charge applies to individuals involved in the meth creation process, whether it be the chemical synthesis or extraction of its chemical components, either directly or indirectly. Do note that the process doesn’t have to be complete for the persecution to charge someone with this offense. In other words, charges are applicable regardless of the stage of the process, even if no methamphetamine is produced.

Who’s the leading meth drug crime attorney near me in San Diego?

Whether it be meth or heroin, facing drug-related charges in San Diego and throughout California can be both overwhelming and carry long-term consequences. Monder Criminal Lawyer Group is here to ensure you have the legal representation you deserve and ensure the best possible outcome for your case.

As veterans in our field and a highly experienced team, we possess the knowledge and means necessary to build a firm case that safeguards your rights. Our specialists take a personalized approach to every case, tailoring the defense to your specific circumstances. Reach out to our offices near Horton Plaza Park and let us fight for your future.

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Penalties for Meth Possession & Trafficking in CA

Meth (Methamphetamine) has been a growing concern throughout the US for the past several decades. In the past couple of years especially, the misuse of this highly potent and addictive drug skyrocketed. With its spread, many states have seen a head-spinning increase in meth-related crimes.

California is among the states that suffer most from this issue, due to its proximity to Mexico, which is where the majority of the substance is produced. To combat the growing epidemic, the State implemented an array of stringent legal solutions, addressing various aspects of meth-related offenses.

Penalties for these crimes reflect California’s no-nonsense policy. Whether it’s possession, distribution, trafficking, or manufacturing, potential repercussions for methamphetamine crimes are severe and may range from hefty fines to lengthy prison sentences.

Given the gravity of the charges, it is crucial to understand what being involved in the illicit meth trade can lead to. This guide will provide you with the basics sufficient to comprehend the implications. However, for a comprehensive breakdown, it is crucial to enlist the help of an adept San Diego meth drug crime attorney.

What is the penalty for possession of meth in California?

Although meth possession charges are the least severe of all, they can still have significant legal consequences and long-term repercussions. Here, we must differentiate between the two specific instances:

Simple possession

Governed by the California Health and Safety (HS) Code §11377(a), simple possession or “possession for personal use” is typically tried as a misdemeanor if there are no aggravating circumstances. In this instance, the penalty can be either up to one year in state prison, a $1,000 fine, or both.

However, if aggravating factors are present, such as an excessive quantity of drugs or the presence of previous drug charges, the case can escalate to a felony. This carries more severe penalties, including a prison sentence of up to 16 months, two years, or three years.

In addition, if the quantity of meth exceeds 1kg, the defendant may be subject to additional 3-15 years in state prison atop the previous sentence. This is triggerable even if there was no intent to sell, which leads to our next point.

Possession with the intent to sell

If the persecution can prove beyond a reasonable doubt, that the defendant had the intention to sell methamphetamine, the case escalates from HS §11377(a) to HS §11378. It is important to note that, while the “intent” to sell is not the same as actually selling, this offense imposes more severe penalties than simple possession.

Possession with the intent to sell is punishable by 16 months, two years, or three years in state prison. The presence of aggravating factors imposes further enhancements to the sentence in the form of additional prison time, as well as the prospect of facing additional charges.

What is the penalty for trafficking meth in CA?

Governed by the HS §11379, sales and transportation of methamphetamine is a “straight felony” and, as such, cannot be reduced to a misdemeanor. As a severe offense, meth trafficking carries significant penalties, starting at two, three, or four years in state prison, a $10,000 fine, or both. However, enhancements apply if there are certain aggravating factors, most notably:

• Meth was transported across at least two county lines ⇒ The initial prison sentence can be increased to three, six, or nine years;
• Sales took place within 1,000 yards of a drug treatment center, detox facility, or homeless shelter ⇒ Sentence enhancement of one year;
• Minor was involved in the selling in any way ⇒ Additional three, six, or nine years of prison time;
• Quantity of meth exceeds 1kg ⇒ Prison sentence enhancement of up to 15 years.

Who’s the leading San Diego meth drug crime attorney near me?

Whether you’re charged with meth trafficking, heroin possession with the intent to sell, or similar drug-related crimes, turning to Monder Criminal Lawyer Group is your best choice. Our team comprises some of the best attorneys on either side of the San Diego River, each fully committed to fiercely defending your rights under California law.

Our extensive experience in the field and comprehensive knowledge of the subject matter ensures a robust defense strategy, tailored to the specific circumstances of your predicament, as well as mindful guidance through the entirety of the process. Contact us today for a confidential consultation and let us secure the best possible outcome for your case!

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California Fentanyl Laws Explained

Fentanyl is an incredibly potent synthetic opioid, around 50 – 100 times stronger than morphine, typically used medically for pain management. However, this drug also has a high addictive potential and can even be lethal when misused.

In recent years, there’s been a surge of fentanyl-related deaths throughout the US, prompting the need for legislative action in order to combat its expansion and save lives. California, just like many other states, enacted strict laws to regulate the possession and use of this dangerous opioid.

Due to the rising concerns about its proliferation and misuse, these laws are stringently enforced and the defense when you’re charged with this offense can present a challenge to all but the finest fentanyl drug crime attorneys in San Diego.

What is the penal code for possession of fentanyl in California?

In California, possession of fentanyl is governed by the state’s penal code, due to the fact that it is a Schedule II controlled substance. As such, the California Health and Safety Code §11350 states that it is illegal to possess this drug unless you have a valid prescription from a licensed medical professional.

Violation of this code can have severe repercussions, including steep fines and imprisonment, depending on factors such as the amount of fentanyl in possession, as well as the defendant’s criminal history.

However, it must be noted that HSC§11350 relates to possession only and is typically considered a misdemeanor, while transportation or import with the intent to sell are considered felonies and tried as such under California law.

What is the legislation for fentanyl in CA?

Over the past couple of years, the Golden State has taken many proactive measures to address the fentanyl crisis, including:

• Senate Bill 1109 provided a way to better understand the scope of the crisis and facilitate more targeted responses, by requiring coroners to report all cases of fentanyl-related deaths to the California Department of Public Health.
• Senate Bill 10 (Melanie’s Law) protects middle and high school students across the state from opioid overdose, by implementing mandated school safety plans aimed at raising awareness and educating both the staff and students about the dangers of this substance.
• Senate Bill 250 is an expansion of California’s “Good Samaritan” law as a part of the overdose fatality prevention law (AB 472). This legislation states that “it will not be considered a crime if someone has a drug overdose or helps someone who overdosed and then calls for medical help, even if they have drugs or drug-related items, so long as they don’t interfere with medical or law enforcement personnel”.
• Assembly Bill 701 (amendment to Sections 11370.4 and 11372 of the Health and Safety Code) introduced more severe sentences regarding possession for sale of fentanyl or substances containing it.
• Senate Bill 19 established an Anti-Fentanyl Abuse Task Force to collect and organize data on fentanyl abuse in California, as well as to monitor the progress and effectiveness of state-enacted measures for the prevention of fentanyl abuse and related deaths.
• Assembly Bill 1060, as a part of a broader effort to save lives and combat the opioid overdose “epidemic”, expanded access to naloxone – a medication used to reverse the effect of an opioid overdose, including fentanyl.

Where can I find a dependable fentanyl drug crime attorney near me in San Diego?

If you’re facing fentanyl possession or transportation charges and in need of an experienced legal team to build a strong defense for your case, Monder Criminal Lawyer Group is your best option.

Our assertive and knowledgeable lawyers have a track record of success in handling drug possession cases, and each one of them is ready to fight tirelessly to ensure the best possible outcome for your case.

Reach out to us today for a free, confidential no-obligation consultation or to schedule an appointment at our offices near California Quadrangle, and ensure you have a team that will zealously fight for your freedom and future!

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Repercussions of Fentanyl-Related Crimes in CA

Over the past two decades and, especially, since 2019, the US has been facing an unprecedented challenge. An “opioid crisis” swept across the nation like a tidal wave, claiming hundreds of thousands of lives.

Throughout the crisis, one substance emerged and retained a place at the very top of the “most dangerous” list: Fentanyl – one of the most potent synthetic opioids known today. In 2022, this substance alone was responsible for more than 200 fatalities per day, bringing the death toll to almost 74,000.

As a result, many states, California included, have implemented strict laws in order to combat the spread of this drug and its devastating effects, with penalties and sentences designed to reflect the grave nature of the situation. For this reason, it is essential to understand the legal repercussions of fentanyl possession and distribution.

If you’re facing charges for any of these offenses, it is absolutely crucial to seek professional legal counsel, as only an experienced San Diego fentanyl drug crime attorney can devise a solid defense strategy and help ensure the best possible outcome for your case.

What is a sentence for fentanyl?

California’s legal system is austere when it comes to fentanyl-related crimes, reflecting the state’s commitment to combat the ongoing crisis. Consequently, the sentences can be incredibly harsh, ranging from steep fines and mandatory drug treatment or counseling to lengthy incarceration.

However, it is important to note that the sentence severity (i.e. whether the offense is tried as a misdemeanor or a felony) will vary based on the specifics of the case. Factors that can influence the outcome include, but are not limited to: 

• The quantity of fentanyl (or fentanyl analogue) in possession;
• The intent to sell, distribute, transport, furnish, or give away the drug;
• Whether the offense involved minors or occurred in the vicinity of schools, rehab centers, homeless shelters, or similar institutions;
• Whether the actions resulted in a person’s injury or death;
• Perpetrator’s criminal history.

How long do you go to jail for fentanyl in California?

The length of incarceration for fentanyl possession will depend on the type of charge, which is determined by the aforementioned factors, and typically falls into one of three categories defined by the California Health and Safety Code (HSC):

• HSC§11350: Simple possession (“possession for personal use”) is the least severe of drug offenses. Usually, it is tried as a misdemeanor and can result in up to 1 year in county jail, provided that the perpetrator does not have prior convictions for serious or violent drug-related crimes.
• HSC§11351: Possession for sale is a felony and the conviction can result in 2 – 4 years in jail time. Do note that the incarceration term is based on each intended sale, meaning that the sentence length can spiral incredibly fast.
• HSC§11352: Drug trafficking is also a felony that carries 3, 4, or 5 years in jail, increasing respectively to 3, 6, and 9 years if the controlled substance has been transported across 2 or more county lines.

Finally, it must be noted that the sentence for possession and/or distribution of fentanyl (or related substances) carries additional penalties in addition to jail time, such as:

• Substantial fines, ranging from tens of thousands to several million dollars;
• Felony probation (length determined based on the specifics of the case);
• Mandatory drug rehab or counseling.

Where in San Diego can I find a reliable fentanyl drug crime attorney?

Monder Criminal Lawyer Group is the leading authority on drug-related crimes, offering robust and personalized defense strategies to individuals facing charges of fentanyl possession or transportation throughout the San Diego area and beyond.

With an extensive track record of success and decades of experience on the California legal scene, we’re the prime team to entrust your defense to. Reach out to us today for a free consultation or to schedule a meeting at our headquarters near the Lyceum Theatre, and ensure a partnership that will result in the most beneficial outcome for your case!

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Drug Transportation in California Explained

The fact that it is a border state, as well as being one of the world’s largest trade hubs, made California the de facto epicenter for drug trafficking operations in the US. Combined with the fact that these clandestine operations infiltrate every pore of society and ruin the lives of millions every year make the drug trade an ever-growing problem that demands decisive action.

Considering how drug transportation is the backbone of said operations, it is more than understandable why California’s judicial system takes this particular type of transgression extremely seriously.

While a well-versed drug crimes attorney from San Diego can help mitigate some of the charges, individuals found guilty of the offense can still face severe penalties, making it critical to understand its implications and repercussions.

What constitutes drug transportation in CA?

Under California Health and Safety Code section 11352 HSC, the crime of drug (“controlled substance”) transportation is defined as:

• A conscious act of relocating a usable amount of a controlled substance with the intent of its future distribution or sale.

Although the above definition is given in its condensed version, we can immediately see which criminal elements constitute this offense:

• Conscious act:
  • Awareness of the presence of the controlled substance;
  • Awareness that the drug is a controlled substance.
• Relocation:
  • Moving the substance from one place to another, regardless of distance or means of transportation. Constructive possession (i.e. drug not being directly on one’s person) is also enough for conviction.
• Usable amount:
  • “More than a useless amount” means that the substance can be used, regardless of its state (i.e. whether it’s pure or diluted).
• Intent of distribution or sale:
  • A conscious attempt to import, sell, furnish, administer, or give away a controlled substance, either directly (in person) or via a third party (by proxy), or;
  • Offering to perform any of these acts for another person.

It must be noted that, for a person to be charged with the crime of drug transportation, the prosecution must prove each of the above elements beyond a reasonable doubt.

How much time do you get for transporting drugs in California?

In California, the transportation of a controlled substance is considered a felony offense. As such, it carries the potential for a significant prison sentence.

Even first-time offenders can face up to 3, 4, or 5 years in county jail or the same length of time under formal (felony) probation, increased to 3, 6, or 9 years if drugs were transported across two or more county borders within California (e.g. San Diego County ⇒ Orange County ⇒ Los Angeles County).

However, there are a number of aggravating factors that may further increase jail time, including:

• If the transported drug is cocaine, cocaine base, or heroin: +1 year;
• Transportation route passes within 1,000ft of a drug treatment or detox facility, or homeless shelter: +1 year;
• Each prior drug conviction: +3 consecutive years.

Additionally, the state prison sentence can be increased even further for transportation of large quantities of heroin, cocaine, or cocaine base. In these instances, jail time can range from up to 3 years (for quantities exceeding 1kg) to up to 25 years (for quantities exceeding 80kg).

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

When facing the daunting prospect of drug transportation charges, you need a dedicated, knowledgeable, and experienced legal team by your side. In San Diego and the surrounding areas, there’s no one better to entrust your defense to than Monder Criminal Lawyer Group.

We specialize in various aspects of California criminal law, providing unwavering support and knowledgeable guidance throughout the legal process to all of our clients. Reach out to us today and rest assured that you will have a team that will work tirelessly to protect your rights, as well as a tailored and robust defense strategy best fit for your unique circumstances!

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8 Defense Strategies for Drug Transportation in CA

The consequences of a controlled substance transportation conviction in California are unequivocally severe, ranging from substantial fines to lengthy prison sentences, as well as having profound long-term implications.

Being sentenced for this crime can leave a permanent blemish on one’s personal record, thereby jeopardizing future prospects in virtually every aspect of their lives. Fortunately, even in the face of these daunting consequences, there is a silver lining.

Under the California legal system, individuals accused of controlled substance transportation can gain access to a whole spectrum of defense strategies and, with the help of a skilled San Diego drug crimes attorney, these can be employed to the fullest in order to protect their rights and liberties.

What are the penalties for drug transportation?

The sale and transportation of drugs is a felony offense in California, typically tried under §11352 HCS, and being convicted of this crime can result in an array of consequences, including (but not limited to):

• Prison time (based on the specifics of the case);
• Substantial fines (based on the specifics of the case);
• Formal (felony) probation;
• Mandatory (court-ordered) drug counseling or rehab;
• Community service;
• Suspension/revocation of professional license(s);
• Losing custody of children;
• Deportation (for non-US citizens).

One of the biggest consequences is that a felony offense can remain on a person’s felony record indefinitely. This creates further repercussions that can have long-lasting effects, such as:

• Difficulty finding employment or renting accommodations;
• Denied admittance to college or inability to qualify for federal financial aid;
• Difficulty regaining custody after getting out of prison;
• A 10-year ban on owning firearms.

Due to the severity and life-altering potential of these penalties, it is imperative to familiarize yourself with strategies that can be used when defending yourself against allegations of drug possession, trafficking and/or transportation.

What are defense strategies for drug transportation?

Defense strategies that your lawyer might use to prove your innocence will depend on the unique circumstances of your case, as well as available evidence. However, in most instances, this will entail proving there’s reasonable doubt regarding the following criteria:

• You had no knowledge of the presence of drugs during transportation;
• There wasn’t enough substance for it to qualify as “useful quantity”;
• You didn’t know that the drug was a controlled substance;
• You had a valid prescription for the drug;
• You had no intention of selling or distributing the drugs.

These factors are directly derived from the §11352 HCS but, in order to reinforce your defense, your attorney may employ other strategies. Some that are proven to be effective in the past include arguing that the evidence against you:

• Was obtained through an illegal search or seizure;
• Is fabricated and a result of police misconduct;
• Was obtained by means of entrapment by law enforcement.

Finally, it is important to note that the combination of these defense strategies can lead to an acquittal. However, they can also reduce the charge to simple possession, which is a misdemeanor and, as such, carries much lower penalties.

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

If you’re facing drug transportation charges, your choice of legal representation can be a major contributor to the success of your case. For this reason, you want a team that possesses an intimate knowledge of California laws, as well as a profound understanding of the gravity of your situation. In the San Diego area, that team is Monder Criminal Lawyer Group.

With an exemplary track record of success in similar cases, our dedicated attorneys are well-equipped with the experience and expertise to advocate for your rights and provide the steadfast defense you deserve. Reach out to us or visit our offices in Downtown San Diego and let our acclaimed specialists fight for your brighter future!

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Crime of Assault Explained

The State of California takes assault charges very seriously, and strict penalties reflect this standpoint. However, “assault”, as a legal term, is so broad in its definition, that it can often sew confusion in everyone but the most qualified assault lawyer in San Diego, CA.

In fact, some actions that can be considered more of an insult can, in fact, be classified as an assault under California law. For these reasons, it is important to familiarize yourself with the definition of this crime, especially if you or someone you know is facing charges.

What is considered assault in California? 

The crime of Assault is defined in California Penal Code 240 (Part 1, Title 8, Chapter 9, Section 240) as, quote: “an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. 

In other words, an action can be considered an “assault” if a person (perpetrator) threatens violence or tries to harm another person (victim), thereby inducing real fear in them. This is where the confusion usually starts. 

As it stands, assault does NOT, actually, entail physical contact but, rather, the intention to do harm or cause fear. However, if threats are carried out (i.e. perpetrator commits a physical attack and inflicts harm upon a victim), the crime immediately goes over into the domain of “battery”, which is a much more severe offense.

What’s the lowest form of assault? 

The lowest (and the most common) form of assault in California is the so-called “simple assault”. This type of offense is considered an attempted battery and typically involves acts where the threat of harm is present, but no actual physical contact takes place. 

In other words, if someone tries to harm another person but doesn’t succeed, they will be charged with simple assault. This offense is often considered a misdemeanor and carries penalties that include fines of up to $1000 or a period of incarceration (or probation) of up to 6 months.

What is 2nd-degree assault in California?

First, it must be noted that the term “2nd-degree assault” actually comes from the legal systems of several other US states. Although commonly used in California, the official equivalent of this crime here is “Aggravated Assault”.

• Aggravated assault involves situations where an individual acts with the intention to inflict serious bodily harm to another person. 

The act may or may not involve the use of a deadly weapon or instrument, but it’s commonly characterized by blatant disregard for the victim’s life. Therefore, any attempt to murder, kill, rob, or rape someone that results in a victim suffering severe injuries can be constituted aggravated assault. 

Lastly, it must be noted that aggravated assault is a more severe category of crime. In California, it is generally treated and tried as a felony, carrying more substantial penalties that often include lengthy prison sentences and hefty fines.

Where can I find a seasoned assault lawyer near me in San Diego, CA?

Grappling with assault charges can be an overwhelming, uphill battle. Fortunately, you don’t have to fight it alone. At Monder Criminal Lawyer Group we specialize in navigating the complex battlefield of California’s assault law. Our highly experienced attorneys have a proven track record of successfully handling assault cases throughout the San Diego area and beyond. 

You can count on us to relentlessly advocate on your behalf, in and out of the courtroom, to ensure the best possible outcome for your case. Reach out to us today or, if you’re passing by San Diego Convention Center, visit our headquarters for a free consultation. 

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Details on Assault in California

When you think of assault, the first image that comes to mind is typically that of physical violence. However, the legal definition of this offense encompasses more than just brute force. In fact, for the assault to occur, physical contact doesn’t even have to be involved.

This is often a cause of confusion for those that are not as versed in California laws as a good San Diego, CA assault lawyer. While we already explained what the crime of assault entails in our previous post, this time we’ll be taking a different approach.

Today, we’ll give concrete examples of various instances of assault and explain why they fall into this specific category of crime, as well as break down the elements that constitute the offense by California’s legal definitions.

What is an example of assault?

Assault (as a legal concept) involves a deliberate act that causes reasonable apprehension of an imminent harmful or offensive contact. From this definition alone, we can extrapolate the three critical elements that define this offense:

• Intention to cause harm: The perpetrator must express willful intent to cause offensive contact or instill fear of physical violence toward the victim;
• Ability to cause harm: The perpetrator must possess the means or capability to carry out an offensive act;
• Reasonable belief in imminent danger: The victim must reasonably believe that the perpetrator’s actions will lead to immediate use of force or violence.

With these elements known, we can move on to several real-world scenarios, showcasing the three different types of assault.

Simple assault

Scenario 1: Person A clenches their fists and advances toward Person B in a threatening manner, all the time shouting threats.

In this case, no physical contact takes place. However, Person B reasonably fears that harm is imminent due to Person A’s aggressive behavior. This fear alone can establish a base for a simple assault case.

Aggravated Assault

Scenario 2: During a heated argument, Person A pulls out a knife and advances toward Person B making explicit threats to harm them.

Here, the aggressor not only possesses the intention and means to cause harm, but also the potential to make said fear or harm severe. Note that we didn’t say that Person A took a swing at Person B. Still, the mere presence of a deadly weapon (i.e. knife) is enough to escalate the situation from simple to aggravated assault.

Assault with a deadly weapon

Scenario 3: In a fit of rage, Person A swings a baseball bat at Person B while screaming threats.

In this scenario, there’s an immediate potential for Person A to cause severe bodily harm or death through the use of a deadly weapon, i.e. the baseball bat. Even if the swing misses, the very act of brandishing the weapon causes a reasonable fear of harm, thereby constituting assault with a deadly weapon.

Is yelling at someone assault in California?

Merely yelling at someone, without any accompanying physical action or credible threat of harm, typically does not meet the criteria for assault. However, if a person raises their fists or starts charging toward another person, then the act can potentially be qualified as an assault.

Is pushing someone assault in California?

Without additional factors, the push may not always be considered an assault. As with yelling, here there’s no reasonable fear of imminent harm. However, if the push is forceful enough that the person starts fearing that more harm is coming their way, it could meet the criteria for assault.

Which San Diego, CA assault lawyer near me is considered the best?

Navigating the labyrinth of assault charges is a daunting task that requires extensive knowledge of the San Diego legal landscape. Monder Criminal Lawyer Group is here to help you make that journey with the least amount of obstacles possible.

Our dedicated team of seasoned attorneys is adept at every facet of California assault laws and ready to aggressively advocate on your behalf. We’re determined to turn every stone and stop at nothing to achieve the best possible outcome for your case.

If you’re ever in the vicinity of the San Diego Civic Theatre, be sure to visit our offices to discuss your options. Get in touch today to schedule your free consultation and ensure you have the most versed legal support available.