Drug Possession For Sale

Orange County criminal defense attorney

Call the Law Offices of Nam Q. Doan if you have been arrested for possession of a controlled substance for sale. Possession of a controlled substance for sale is a felony under California Health and Safety Code section 11351.

Possession of controlled substance for sale is committed if it is determined that you are in possession of an illegal drug with the intent to sell it. The punishment for this drug crime can be severe.

There are several defenses to this drug crime. For example, the drugs that you were possessing must be in a usable amount. A usable amount is an amount that can be used by someone as a controlled substance. Small traces or left over debris are not usable amounts. There are several other drug crime defenses available. It is important to speak with a drug attorney to know what defenses you may have in your case.

Punishment

Possession of a controlled substance for sale is a felony and if you are convicted, you can face imprisonment in a state prison for two, three, or four years. If you are arrested for possession of a controlled substance for sale, be sure to talk to an Orange County criminal defense attorney to know what defenses you may have.

Elements

If you are charged with possession of a controlled substance for sale, it is important to speak with an Orange County criminal defense attorney. The Law Offices of Nam Q. Doan has been successful in fighting possession of a controlled substance for sale charges and getting your case dismissed is top priority. Below you will see the elements that the prosecution must prove and the instructions the jury will read.

To prove that the defendant is guilty of this crime, the People must prove that:

1. The defendant [unlawfully] possessed a controlled substance;

2. The defendant knew of its presence;

3. The defendant knew of the substance’s nature or character as a controlled substance;

4. When the defendant possessed the controlled substance, (he/she) intended to sell it;

5. The controlled substance was _________________ <insert type of controlled substance>

AND

6. The controlled substance was in a usable amount.

Call the Law Offices of Nam Q. Doan today at (714) 248-DOAN (3626) if you were arrested for possession of drugs. I am a drug crimes attorney working all over Southern California including Orange County, Los Angeles, and the Inland Empire.