Charged with a drug offense in Ventura County?
Drug possession is charged when a person has illegal or controlled substances under their control. Whether you have the drugs on your person, they are in your immediate vicinity, or they are found within your home, possession is a serious offense in California.
If you have been charged with possession, it is important to get sound legal counsel on your side as soon as possible. You can speak with an experienced criminal defense attorney in Ventura to learn about your options and how to best defend yourself in court. At Wilfert Law, PC, we have the resources and skills to fight the unique cases of our clients.
Misdemeanor vs. Felony Drug Possession
In the state of California there are two types of drug possession offenses that an individual can be charged with.
These two offenses include:
- Misdemeanor Offense: Ever since the passage of Prop 47 in 2014, most drug possession charges are misdemeanors. Marijuana has been legalized, but it is still heavily regulated and having or growing more than you are allowed can result in a misdemeanor. Conviction can result in up to 1 year in county jail and a maximum fine of $1,000.
- Felony Offense: while most drug possessions are not felonies anymore, it is still very possible for an officer or prosecutor to enhance the charge to a felony. The most common ways this happens is if it seems that you possessed the drugs with the intent to sell them, or if you have had prior convictions. Conviction for felony drug possession is punishable by incarceration in county jail for 1 year and probation, or incarceration in state prison for 16 months to 3 years. The penalties you face will depend upon the type and amount of drugs in your possession and your criminal history.
Possession With Intent to Sell
One of the most common ways to be charged with a felony drug possession is if it appears that you possessed the drugs with the intent to sell them. If you have been charged with possession with intent to sell, you may be able to get that lowered back to normal possession by challenging the reasoning by which they determined that you intended to sell the drugs. Get in touch with us and we will help determine if this is possible for you.
Circumstances in which you could be charged with intent to sell include:
- A scale or measuring device in your possession
- Bags or containers in your possession
- Large amount of cash in small bills in your possession
- An officer claiming to have seen you selling drugs
Defenses Against Possession Charges in Ventura, CA
At Wilfert Law, PC, we can help you challenge your possession charges. By equipping you with detailed representation and thorough legal knowledge, our team can identify whether the court has a valid case or not and whether your rights were violated.
We look at various aspects of your case to determine if any of the following defenses apply to your situation:
- The possession of drugs was out of medical necessity
- The police operated out of misconduct
- You have a prescription for the drug from your physician
- Police illegally searched your property
- If the drugs were improperly identified
Being faced with a drug possession charge can be overwhelming and confusing. Instead of handling the legal process alone, now is the time to speak with an attorney who can aggressively tackle your drug possession charge. Our criminal defense attorneys can effectively take on your case and make sure that you are properly represented during this difficult time.