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Drug Sales Defense Lawyers in Los Angeles 

Drug Sales

Drug sale charges may result from the exchange of drugs for money, services or anything of value. Someone does not have to be caught in the act of making a sale to be charged with selling drugs. In fact, simply possessing more drugs than one person can reasonably personally use may result in a drug possession with intent to sell charge. While drug offenders facing simple possession charges may be eligible to avoid jail time by committing to a drug diversion program, defendants charged with drug possession for sale charges face much steeper penalties and have fewer options. If you have been charged with the drug possession for sale in Los Angeles, please contact a knowledgeable drug crime defense lawyer right away to discuss your case.

California Drug Sale Law and Penalties

According to California Health and Safety Code 11351: "Every person who possesses for sale or purchases for purposes of sale any controlled substance… which is a narcotic drug, shall be punished by imprisonment." Controlled substances include PCP, heroin, cocaine, GHB, morphine, codeine and Vicodin.

A violation of this law is a felony that carries a two-, three-, or four-year state prison sentence. A drug crime defense attorney may be able to negotiate a plea to have the charges reduced, but alternative sentencing to avoid jail time is not available for those charged with drug sale crimes.

Proving "Intent to Sell"

The prosecution must prove that the defendant intended to sell the drugs. Without the intention to sell, the charges will be reduced to a simple possession charge, which carries lesser penalties. Under Health and Safety Code 11351, someone does not have to sell drugs to be charged with intent to sell. As long as the prosecutor can prove the defendant intended to sell the drugs, there may be a conviction. Common elements that should be present in a drug sale charge are:

  • A large quantity of drugs that one person cannot not reasonably use
  • The presence of possession with the absence of drug paraphernalia that could be utilized to use the drug
  • The packaging of the drug or items that could be used to package the drug

If someone is caught, for example, with a month's supply of an illegal drug, they may be charged with intent to sell whether they were ever going to sell the drug or not.

Defending Drug Sale Charges

The drug crime defense attorneys at Takakjian & Sitkoff, LLP carefully examine the means by which the defendant was arrested and the manner in which the drugs were found. Many of these cases involve entrapment or illegal search and seizures. When charges cannot be dismissed, we work to have the penalties lessened. Anyone facing serious LA drug crime charges like possession with intent to sell would be well-advised to call our offices right away for a free consultation and case evaluation.

If you have been arrested for selling drugs then please call us immediately for a FREE CONSULTATION at (888) 579-4844.

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