Possession of a Controlled Substance while Armed with Firearm – California Health & Safety Code 11370.1

Orange County Drug Crimes Defense Attorney

It is a felony to be in possession of drugs while armed with a firearm.  The punishment if convicted can be imprisonment in state prison for up to four years.

The firearm does not have to be illegally owned.  A registered firearm can still trigger this enhanced drug charge as long as you are caught unlawfully possessing a controlled substance.

There are several requirements that the prosecutors must prove in order to convict you of this crime.  “Armed with” in this crime means to have available for immediate offensive or defensive use.  You must actually know that the firearm was present.  A caveat to this is that two people can be in possession of the firearm at the same time.

Being charged with this crime also makes you ineligible for Diversion Programs like PC 1000 or Prop 36.

If you’re charged with being in possession of a controlled substance while armed with a firearm, consult with an experienced Orange County Drug Crimes Defense Lawyer.  At the Law Offices of Nam Q. Doan | OC Legal Defense, I will defend your rights in court and fight to get your charges dismissed.  Call today at (714) 248-DOAN (3626) and visit www.OCLegalDefense.com for more information.