California Health and Safety Code 11351 states that it is a felony act to possess drugs with the intent to sell. Unlike drug possession charges, which are considered relatively benign in comparison to intent-to-sell charges, the penalties associated with drug sales may include both prison time and significant monetary fines.
When examining the difference between a drug possession charge and a drug sale charge, it must be determined whether or not the individual exhibited signs that he or she intended to profit from the drugs. That is, arresting officers will examine not only the type and amount of a particular drug, but will also look at the packaging, namely whether or not it appears as though the narcotics have been packaged for individual sale. Arresting officers will also take note of how much cash an individual has in his or her possession, particularly if it appears as though said cash is in the individual’s possession in preparation for selling the drugs in question. Furthermore, if the individual accused of possessing drugs for sale has a weapon in his or her possession, officers may interpret that to mean that the individual has an intention to sell. However, it should be noted that while much of the above behavior may be characteristic of those who sell narcotics, such behavior is hardly exclusive to solely though who intend to sell drugs. In fact, many individuals who are accused of possession drugs for sale are later found to have been in possession of drugs for personal use, nothing more.
California Health and Safety Code 11352 states:
“Every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any controlled substance… or a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in the state prison for three, four, or five years.”
In some cases, arresting officers misinterpret the alleged act of selling drugs, and end up focusing their attention on the individual buying the drugs rather than the actual seller. Regardless of what the situation may be though, far too many innocent individuals are arrested for drug sales each year in the state of California. However, by retaining the services of an experienced Newport Beach drug crime defense attorney, an accused individual creates the best opportunity to successfully fight against such charges in a court of law.
Maltaise Cini, Attorney At Law, represents individuals who have been accused of drug sales in Newport Beach and throughout California. For more valuable information about defense of your drug sales charge, please contact Maltaise Cini today at (949) 660-1389.
Prior Success:
Client was charged with possession for sales. After trial client was acquitted of the possession for sales charge and given Proposition 36, thus avoiding a harsh jail sentence.
Client was charged with possession for sales, possession of a controlled substance and possession of a firearm. After trial the client was acquitted of all charges.
Client was charged of sales/transportation of a controlled substance and facing 3 years state prison. Attorney Maltaise Cini was able to get charges dismissed.