The criminal justice system is complicated. Things tend to get even murkier when dealing with serious offenses such as drug crimes. Often, proceedings are unpredictable, and the ongoing war on drugs forces law enforcement and judges to present a head on a platter. Having a skilled criminal defense attorney can help ensure that that head is not yours. If you are charged with a felony drug crime, you risk spending time in jail and paying hefty fines. The criminal justice system can also cut down on your freedom by imposing court-ordered treatments, probation, or home detention.

A felony drug crime conviction can have a devastating impact on your life. Apart from affecting your job prospects and social relationships, it can also leave a “strike” on your record under California’s Three-Strikes Laws.

Local, State, and Federal Drug Laws in California

The United States has national strategies designed to combat the manufacture, distribution, and abuse of controlled substances. State and local laws come into play and dictate sentencing, following local or state arrests. Typically, federal drug convictions focus on trafficking, while most state and local convictions focus on possession charges.

Federal laws are often used when dealing with serious offenses. These laws impose harsher penalties and longer sentences. State and local arrests for simple possession are usually charged as misdemeanors. The penalty could involve short-term incarceration in a local jail, fine, or probation depending on the age and criminal history of a defendant.

Key Factors in Charging Felony Drug Crimes in California

Controlled substances in California are categorized into five schedules. According to the Federal Controlled Substances Act (CSA), Schedule I drugs are the most dangerous. In contrast, Schedule V drugs may have some medicinal value coupled with a lower risk of abuse, addiction, and dependency.

You can be charged and prosecuted in court for illegal manufacture, possession, or distribution of controlled substances in California. Here are three of the main factors that influence the charges and sentencing for felony drug crimes in the state:

  1. Type of the Drug

The type of drug or narcotic involved in a case will help the prosecution determine the befitting felony level and the appropriate sentence. In California, different controlled substances are split into “Schedules” as follows:

Schedule I

Schedule I drugs are controlled substances with an extremely high risk of causing abuse or dependency. Drugs under this schedule have no accepted medicinal value and are unsafe for use during treatment, even under the supervision of a licensed medical practitioner. Heroin and synthetic opiates, among other highly dangerous drugs, fall under this schedule.

Schedule II

Drugs under Schedule II also have a high risk of abuse and dependency, although they also have some medicinal value. Some of the controlled substances under schedule II narcotics include opium, fentanyl, methadone, oxycodone, hydrocodone, and morphine, just to mention a few.

Schedule III

The potential for abuse is minimal with Schedule III controlled substances. Narcotics like Tylenol and buprenorphine, for instance, fall under this schedule because they contain more than 90 milligrams of codeine. Other non-narcotics classified under Schedule III include phendimetrazine, benzphetamine, and anabolic steroids. These substances are controlled because they can cause high psychological dependence or mild or moderate physical dependence.

Schedule IV

Controlled substances in this schedule have an even lower potential for abuse and dependency. They also have acceptable medicinal value, although they can cause mild physical or psychological dependence. Some of the controlled substances under Schedule IV include lorazepam, clonazepam, midazolam, and carisoprodol, just to mention a few.

Schedule V

Controlled substances under Schedule V may also contain narcotics, although in very low amounts. This makes the drugs less likely to lead to abuse or dependency. Substances under this schedule have an accepted medicinal value. Examples of Schedule V controlled substances include ezogabine and cough syrups containing less than 200 mg of codeine per 100 ml.

If you are caught in possession of controlled substances, the police may arrest you and charge you with a felony or misdemeanor. The charges you will face may depend on the type of drug involved and the schedule it falls under. Possession of drugs under Schedule I such as heroin and cocaine may automatically result in felony charges. Moreover, possession of narcotic substances is often considered a felony, while possession of non-narcotic substances may be charged as a misdemeanor.

  1. Quantity Of the Drug

California laws that touch on drug felonies are pretty different from the laws in other states. For instance, lawmakers in the state won’t punish on a fixed classification basis but rather on a crime-by-crime basis. If you are accused of illegal drug possession, the crime may be charged in varying degrees that include:

  • An infraction
  • A misdemeanor
  • A felony

One of the critical factors the prosecution will consider before deciding the charges you face is the amount of weight of the controlled substance in your possession. Under California’s Health and Safety Code section11351, narcotic substances that are not meant for medical use are subject to a jail term sentence under the penal code.

Possessing more than 14.5 grams of Schedule I drugs such as heroin is considered a felony under the California H&S Code 11352.5. On the other hand, Marijuana possession is charged as a misdemeanor if the offender is not of legal age (18 years and above). While this drug is legalized in California, possession of more than 28.5 grams of Marijuana is charged as a felony offense.

Generally, the drug quantity will help the prosecution decide whether you had the intent to distribute. However, the prosecution will consider other factors such as the type of drug and aggravating circumstances revolving around a crime to decide the most appropriate charges.

  1. Intent To Sell

Possessing a controlled substance for personal use is often regarded as a lesser crime. If you are caught with vast quantities of illegal drugs and the police also find packing bags in your possession, you are likely to be charged with illegal drug possession with the intent to sell. This offense attracts felony charges.

The judge will consider the degree of harm posed by your offense. Selling drugs is regarded as the bigger crime because peddlers cause harm to others. More often than not, possession with the intent to sell is charged as a felony.

  1. Aggravating Circumstances

Whether your offense will be charged as a felony or a misdemeanor may also depend on the circumstances of your arrest. Aggravating factors increase the severity of a violation, making it necessary for a judge to impose harsher penalties.

Here are some of the aggravating circumstances related to an offense the courts may consider:

  • Your criminal history and prior convictions
  • Location of possession, e.g., close to close to a school or playground
  • Whether a crime involved great acts that disclose high levels of cruelty such as violence, severe bodily harm, or threats
  • Whether you were armed
  • The degree of vulnerability of victims involved
  • Whether you involved other participants (street gangs)
  • The degree of criminal mind sophistication that indicate planning and professionalism

Aggravating factors related to the defendant that may affect sentencing:

  • Showing conduct that deems you a danger to society
  • Prior convictions that indicate an increase in the seriousness of your offenses
  • Unsatisfactory performance during prior parole or probation

A felony drug crime conviction can do more than just restrict your freedom. It can also rob you of the ability to secure gainful employment or establish residence within specific communities. It is essential to work with a skilled attorney who can help mitigate the effects of the charges you face.

Felony Drug Crime California Mitigating Factors

Sometimes, a defendant accused of a felony drug crime in California may be subject to lower sentence terms if the mitigating factors of a case outweigh the aggravating factors.

Here are some of the mitigating factors a judge may consider:

  • A defendant was a passive participant in a crime or only played a minor role
  • A defendant’s victim was a willing participant or initiated and provoked an incident seen as an aggravating factor during a case
  • A defendant committed a crime under unusual circumstances such as threat, provocation, coercion, or duress
  • A defendant was unwillingly dragged into participating in a drug felony crime
  • A defendant was cautious not to damage property or harm people
  • A defendant committed a crime with the sole motivation of providing necessities for self or family

Other mitigating factors a judge may consider in relation to the criminal history and proper conduct of a defendant include:

  • A defendant has a clean criminal background
  • A defendant has an insignificant track record of criminal conduct
  • A defendant suffered has physical or mental limitations that reduce their level of fault when committing a crime
  • A defendant pleads guilty voluntarily when the criminal process was just getting started
  • A defendant has a satisfactory performance record for past probation

Understanding the Three-Strikes Law Consideration In Relation To Drug Felony Crime Factors

Before the amendment, the Three-Strikes Law in California dictated that defendants could be sentenced to a jail term of 25 years to life if they have a record of two prior felonies. After amendments, a judge can only impose this jail time if the third offense is also a violent or serious felony.

The exceptions in the amendments impacts sentencing of felony drug crimes. For instance, even though transportation of controlled substances is not a “violent crime,” a defendant with two prior strike convictions may still face a sentence of 25 years to life under the Three-Strikes Law.

Unfortunately, a drug crime felony conviction may also disqualify you for a drug diversion program in California. Such programs are only available to misdemeanor drug crime defendants and are aimed at providing rehabilitation. Defendants participating in drug diversion programs can avoid jail time and possibly have their convictions dropped if their participation is satisfactory.

The Differences Between Felony and Misdemeanor Drug Crimes

Drug crimes are taken seriously in California, even when a defendant is charged with a misdemeanor. Understanding the difference between misdemeanor and felony drug charges can help you prepare for your case following an arrest. Usually, felony charges attract harsher punishments that may involve spending years or decades behind bars.

Misdemeanors Drug Charges Explained

Misdemeanor drug crimes are classified into degrees. First-degree misdemeanor drug crimes are perceived to be the most serious, and the punishment may involve jail time and a fine not exceeding $10,000.

Second-degree misdemeanor drug crimes may also attract a fine and jail time depending on the case’s specifics. Third-degree misdemeanors are the least severe, and judges tend to be more lenient when imposing punishment. However, you may still pay a fine and spend time behind bars if an offense also involved committing other third or second-degree drug crimes.

Moreover, the courts may charge you with a felony if you are not a first-time first-degree misdemeanor drug crime offender. The prosecution may seek to elevate your charges to a felony level based on your criminal history.

Felony Drug Charges Explained

The definition of a felony in California is any crime that carries a maximum jail sentence of more than a year. Often misdemeanors carry a sentence of not more than a year, and a judge may even rule that a defendant serves probation instead of serving time. Depending on the degree of aggravating factors surrounding a felony drug crime, a judge may impose the death sentence.

If you are charged with a felony drug crime, you are likely to serve time in a state or federal prison if convicted. Often, punishment involves spending years or decades in incarceration. When charged with a felony, it is crucial to work with a skilled lawyer who can use viable defenses to have your charges dropped or negotiate with the prosecution for a favorable plea bargain.

Like misdemeanor drug crimes, felony drug charges are also classified in degrees. First-degree charges often involve aggravating circumstances like an innocent person dying as a defendant attempts to escape the police. A conviction may lead to fines, jail time, and a possible transfer to a maximum-security prison where your freedom is more restricted.

Understanding How the Factors of A Felony Drug Crime Affect the Mandatory Minimum Sentencing (Federal Drug Offenses)

If your case involves any of the factors of a felony drug crime, you are likely to be convicted of a federal drug crime in California. Federal judges are obligated to impose a mandatory minimum jail term. Even though a judge may impose formal probation (the most lenient punishment), you may still have to spend at least one year in county jail.

As aforementioned, some factors may influence how drug offenses or drug-related offenses are charged in California. Penalties tend to increase when a case involves aggravating circumstances such as the use of a firearm.

Depending on the case’s specifics, the minimum sentence a judge can impose may range between one year and life imprisonment. It remains imperative to understand that even though felony drug crimes involve a mandatory minimum sentence, it is possible to avoid spending time in jail under certain circumstances.

For instance, the prosecution may opt to drop a case. You may also regain your freedom if the president grants you a pardon. Another means of avoiding jail time is to provide the police with information or substantial assistance as provided under the “safety valve” provision. This provision is only available to first-time felony drug crime offenders whose cases are low-level and non-violent.

During the 114th congress, several proposals were introduced to contract or expand the scope of mandatory minimum sentencing provisions. Senator Paul (S.353) and Representative Scott (VA) (H.R. 706) proposed amendments that affect mandatory minimum sentencing across the board. They proposed that federal courts disregard mandatory minimum sentencing requirements when necessary to reduce conflicts with the set sentencing standards.

In some instances, mandatory minimums are controversial and can be unduly severe. For example, California decriminalized marijuana, making it unfair for judges to impose the mandatory minimum sentencing provisions when reviewing cases related to weed.

Federal courts must weigh the standards of a case as listed under 18 U.S.C. 3553(a) before imposing sentencing. One of the basic standards is to ensure the need for the punishment imposed and avoid unwarranted sentence disparities.

Under drug offenses, the Controlled Substances Import and Export Act and the Controlled Substances Act have established several mandatory minimum sentences for different crimes. These crimes include trafficking, importing, manufacturing, exporting, growing, or possession of controlled substances.

For instance, possession of more than one kilogram of heroin could attract a mandatory minimum sentence of 10 years. Second-time offenders are punished by mandatory incarceration for a minimum of 20 years.

Proposals tabled during the 114th congress don’t excuse the mandatory minimum sentencing for serious crimes like drug trafficking, manufacture, distribution, or cultivation. This is controversial from the proposals made during the 113th congress, which demanded reducing mandatory minimum sentences for traffickers. What is clear at the moment is that federal courts find no reason not to impose mandatory minimum sentences under the separation-of-powers doctrine or the Equal Protection, Due Process, or Cruel and Unusual Punishment Clauses.

Find a California Criminal Lawyer Group Near Me

The penalty for a felony drug crime may include serving time behind bars, even as a first-time offender. Because of the severity of the consequences, you may face, it is crucial to enlist a drug crime attorney in San Jose, CA, as soon as you are arrested. At California Criminal Lawyer Group, we specialize in providing top-notch defense that can have you acquitted or have your sentence reduced. Call us now at 408-622-0204, and let us help you defend your rights, freedom, and future. We offer free consultation and case evaluation!