Being found with a controlled substance is not something taken lightly by the courts, as shown by the severe consequences you can face if convicted of a possession charge. As such, understanding what you should know about these matters is imperative. It’s imperative to understand what a controlled substance is, the penalties you can face if caught with one, and why you should connect with a Sacramento criminal defense lawyer who can help you through these matters.
What Is a Controlled Substance?
A controlled substance is a drug that is heavily regulated by the government due to its potential for abuse. Like other states, California adheres to the federal schedule for drugs that classifies them based on their risk of abuse. These schedules are as follows:
- Schedule I: Substances in this category are considered the most dangerous with the highest risk of abuse. As such, you’ll find that drugs in this classification have no accepted medical use in the United States. Drugs in this category include heroin, ecstasy, cocaine base, and MDMA.
- Schedule II: Though these substances have some accepted medical uses, they still carry a high risk of addiction and dependency. These substances include Methamphetamines, Adderall, and Ritalin.
- Schedule III-V: Schedules III-V have less severe consequences than other schedules, as the lower you go down the classification, the lower the risk of abuse is. However, there is still some risk, so these drugs must still be regulated by the government. These classifications include substances ranging from Xanax to cough syrups.
What Are the Penalties for Possession?
If you are charged with possession of a controlled substance in California, the penalties can be severe. In most instances, if you are discovered with a controlled substance on your person, you can face a misdemeanor offense, under California’s Proposition 47. Though this may not seem severe, you’ll find that you can face up to one year in jail and the potential for a fine of up to $1,000.
However, if you have prior offenses, like sex crimes or a felony charge, the charges can be elevated to a felony offense. As a result, you may face up to three years in prison.
If you are facing a possession charge, it’s necessary to connect with an experienced attorney. Not only can they help you navigate these complex matters, but they may be able to help you fight the charges against you. For example, you may be able to show that you had the prescription, the substances were not yours, or that the search conducted by the officer was illegal.
You may also be able to fight to serve your sentence at a drug diversion program as opposed to jail.
As you can see, connecting with an experienced attorney is critical during these complicated matters. That’s why the team at the Law Offices of Dale R. Gomes can help. If you’re in trouble, our team can help. Connect with us today to learn how we can guide you through these complex matters.