What is the penalty for possession with intent to sell in California?
The penal code states that an individual who purchases or possesses these substances with the intent to sell them will be punished by imprisonment pursuant to section 1170 of the penal code for a period of two to four years.
What is possession with intent?
Possession with intent is shorthand for possession with intent to sell or distribute. This charge can be brought against a person who was both intending to distribute a controlled substance and who had that controlled substance in his or her possession.
How do you beat a drug sale charge in California?
The following are some examples of defenses that could help you beat your drug charges:
- The drugs weren’t yours, and you were unaware that they were in your possession.
- Someone set you up.
- The lab made errors.
- The police did not follow proper procedures.
- You were illegally searched.
How much is intent selling?
Upon conviction, this crime carries penalties that may include up to one year in jail and a fine of up to $1,000, or both. Possession with intent to sell is a serious crime that is charged as a felony, with penalties that are much more severe.
How do you prove intent to sell drugs?
The prosecution will most likely rely on circumstantial evidence to show your intent, such as:
- A large quantity of the controlled substance found in your possession.
- Drugs packaged in baggies or in separate dosages.
- Presence of scales for weighing drugs.
- Large amounts of cash in your possession.
How do you prove a drug is distributed?
In order to be legally convicted of the crime of drug distribution, the prosecution must prove beyond a reasonable doubt the following “elements” of the crime: You knowingly possessed an illegal drug or controlled substance; and. You did so with the intent to sell, deliver or distribute the substance illegally.
What qualifies as intent to sell?
The prosecution must prove what the person in possession of the drugs was intending to do with them. This intent is demonstrated by surrounding circumstances. Typically, intent to distribute or sell is assumed when a person is holding an amount of a CDS too large for personal use.
Can you get in trouble for texting about drugs?
Your involvement may simply be as a witness to build a case against the drug dealer. It’s also possible that the text could lead to a criminal investigation against you, but as stated before, the criminal investigation would likely be for drug possession, not for just texting about drug use.
How do you get a distribution charge?
When a police officer believes that you are selling, transporting, or importing an illegal controlled substance, then he can charge you with drug distribution.