If you are arrested with a small amount of drugs for personal use in California, you will likely face simple possession charges. However, if you had the drugs with the intent of selling them, you risk a much more serious charge – possession for sale.
The police do not have to catch you in the act of selling drugs to be charged with possession for sale charges. Your intent to sell can be inferred from the circumstances surrounding your arrest. Potential indicators of intent to sell like a large quantity of drugs, cash, baggies or scales can be enough to build a case against you.
The potential legal penalties
In California, possessing drugs to sell them is a felony, and the penalties can be severe. You could be imprisoned for up to four years or fined heavily and have a permanent criminal record if convicted. The penalties vary based on the type and amount of drugs, prior convictions and other aspects of your case.
Defense strategies worth exploring
You may use various defenses to fight your possession for sale charge. For example, if the drugs were found during an illegal search and seizure, you may have any evidence found excluded from your case since your rights were violated. It can significantly weaken the prosecution’s case. Additionally, showing the drugs were for personal use and not for sale could reduce your charges to simple possession, which carries lighter penalties.
With so much on the line when facing this and other drug charges, seeking legal guidance to review your options and build the best defense for your situation is wise. This can help protect your interests as you navigate the legal system and make informed decisions.
