Home » Criminal Defense » Felony Or Misdemeanor Drug Crimes
While there are many drug crimes in California, over the past decade, many charges that were once classified as felonies have been reduced by legislative efforts down to misdemeanors. These changes are the result of a rise in the drug and opioid epidemic throughout California, as well as the increase in inmate population in state prisons and county jails. However, many serious charges such as sales of drugs continue to be prosecuted as felonies and persons found guilty of such charges are punished harshly by being sent to state prison.
In determining how a drug prosecution will proceed, prosecutors will consider factors such as the age and criminal history of the person, the quantity of the illegal substance, the sophistication of the operation, the use of a firearm, the use of scales, ledgers, and individual packaging.
Prosecutions for simple possession of drugs are mostly charged as misdemeanors. However, in some cases, where the quantity of drugs is substantial, there can be a dispute whether that amount was intended for sale (which would likely be charged as a felony) vs. whether the drugs were for personal use only (likely only a misdemeanor charge).
In many drug cases, police illegally search my clients, and my office has been very successful in getting the evidence suppressed (excluded) and the case dismissed.
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Penalties for felony drug crimes include lengthy prison sentences, substantial fines, probation, mandatory drug treatment programs, and a permanent criminal record. The severity of the penalties depends on the nature of the offense and the amount of drugs involved.
Felony drug charges can sometimes be reduced to misdemeanors through plea bargaining, demonstrating mitigating circumstances, or highlighting the defendant’s lack of prior criminal history. Some charges, however, are straight felonies, which can never be reduced to a felony. An experienced attorney like DCD LAW can negotiate for charge reduction based on these factors.
Examples of misdemeanor drug crimes include possession of small amounts of controlled substances, possession of drug paraphernalia, and minor offenses involving Marijuana. These crimes result in lighter penalties compared to felonies, such as fines and short-term imprisonment.
Felony drug crimes are serious offenses with harsh penalties, including long prison sentences and large fines. Misdemeanor drug crimes are less severe, resulting in shorter jail terms, smaller fines, and less long-term impact on one’s criminal record.
Hiring a criminal defense attorney is crucial for managing the legal complexities of drug charges. An attorney from DCD LAW can protect your rights, negotiate plea deals, reduce charges, and work towards the best outcome, ensuring a fair legal process.