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3 Types of Drug Possession Charges
When it comes to actual drug possession in the state of California, there isn’t a single, unified type of drug possession that refers to all cases where individuals have been found carrying a controlled illegal substance. Besides hiring one of San Diego’s most experienced drug possession lawyers, you should also do your part and explore the different categories of possession and how the law recognizes drug possession.
What are the different types of drug possession charges?
Not all drug possession cases are identical, as there are varying circumstances of each drug possession charge that affect the basic details of each trial. The law in California recognizes three basic types of drug possession based on the unique details of each case:
Actual possession
This type of possession refers to the act of a law enforcement officer actually locating an illegal controlled substance within your possession, for example in the pocket of your pants or anywhere else on your person.
Another name for this type of possession in California is “possession in fact” and it means that the defendant had immediate physical contact with a controlled substance in question. This is often the type of possession an individual is tried for if the drugs were located on them.
Constructive possession
This type of possession refers to a presence of a controlled substance that’s not located directly on an individual but rather on their property or in its immediate vicinity. Another name for this type of controlled substance possession is “possession in law”.
This type of possession offers implications that the individual had knowledge of a controlled substance presence on their property and was able to control it. Possession in law can accuse several individuals with possession of the same substance.
Joint possession
This is exactly what joint possession is. If more than one person receives a charge for drug possession, they’re both charged with “joint possession”. One example of this can be drugs found in the kitchen or the bedroom of a married couple.
In these situations, the prosecution assumes that both individuals had knowledge and control over the substance, chagrin them for joining possession.
Is drug possession a felony or a misdemeanor?
The answer to this question depends, again, on the unique circumstances of each individual case. Most commonly, simple drug possession in California is a misdemeanor. However, there are three main aspects that affect whether or not the court will classify your drug possession case as a felony or a misdemeanor:
Drug type
Sometimes, an individual can receive a felony offense if they had previous encounters for drug possession and if the drug in question falls under the category of more serious substances such as crystal meth, crack cocaine, or heroin.
Drug amount
The more drugs an individual has in their possession, the more likely it is that the law enforcement will classify such offense as a felony rather than a misdemeanor. However, small amounts found in possession usually lead to misdemeanor charges.
Intent
Felony charges in drug possession cases usually occur if the individual found in possession of a controlled substance has the intent to further distribute it with the aim of financial earning. Otherwise, possession is usually a misdemeanor.
Who is San Diego’s leading drug possession lawyer to help me with my charges?
It’s difficult when facing drug possession charges in California, which is why you need to do your part in preparing for your case. First, make sure to explore the details on the essential concepts of drug possession and see what some of the most useful defense strategies in possession cases are. Finally, see what potential drug possession penalties you might be facing depending on the circumstances of your situation.
First and foremost, however, secure the services of the most experienced drug possession attorneys in San Diego – Monder Criminal Lawyer Group. We have many years of experience helping individuals prove their innocence in different types of drug cases. We’re here to do everything in our power to get your voice across. Our offices are near Balboa Theatre, so stop by for a free-of-charge initial consultation. We’re here to help you.
