The prosecution can charge people under California Health and Safety Code §11352 HSC: Transportation or Sale of Controlled Substances if the police accuse them of selling, transporting, importing, administering, or furnishing controlled substances.
The legal system in California treats HSC 11352 as a felony. A conviction could result in up to nine years of incarceration and high fines. You can learn more about these allegations with a Los Angeles drug crimes lawyer from the Simmrin Law Group. Our team has decades of experience building solid defenses for clients like you.
Facts About CA HSC 11352: Transportation or Sale of Controlled Substances
Individuals can face charges under California Health and Safety Code §11352 HSC: Transportation or Sale of Controlled Substances if the police allege that they:
- Sold, furnished, administered, transported for sale, imported into California, or gave away a controlled substance OR
- Offered to do any of the above for a controlled substance AND
- Knew that the item qualified as a controlled substance AND
- Had a usable amount of the controlled substance
The prosecution must establish all of the above facts, or an individual should not face a conviction.
Controlled Substances Under HSC 11352
HSC restricts the transport and sale of:
- Cocaine and cocaine base
- Codeine, hydrocodone, and other prescription medications
- Gamma-hydroxybutyric acid (“GHB”)
- Heroin
- Opiates and any derivatives of opiates
- Peyote
HSC 11352 may also apply to some other controlled substances, but it does not apply to methamphetamine, marijuana, or certain other substances. However, possession of these other substances could still result in criminal charges.
A Los Angeles drug possession defense lawyer can help with these additional charges.
What Qualifies as “Transporting” a Substance?
Individuals can face charges for “transporting” a controlled substance any time they move these substances between locations. Individuals do not have to travel a specific distance to “transport” drugs.
For example, individuals may transport a controlled substance by plane, car, bicycle, or even by walking.
However, individuals should only face an HSC 11352 conviction if they transported these substances with the intent to eventually sell them. Keep in mind that other charges may apply if an individual does not plan to sell the drugs. You can learn more with a Los Angeles criminal defense lawyer.
For a free legal consultation with a lawyer serving California, call (310) 896-2723
Results of a Transportation or Sale of Controlled Substances Conviction
HSC 11352 is a felony charge that can result in severe penalties. Individuals may face up to nine years of incarceration and fines of up to $20,000 after a conviction. In some cases, individuals may end up on formal (felony) probation.
Individuals who get probation may avoid incarceration. However, the court does not allow the possibility of probation for individuals convicted of selling (or offering to sell):
- At least 14.25 grams of any substance that contains heroin
- Heroin with a prior conviction for HSC 11351 or HSC 11352
- Methamphetamines, cocaine, or cocaine base with a prior conviction for possession for sale or the sale of drugs
An attorney can provide more information about the potential consequences of an HSC 11352 conviction.
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Sentencing Enhancements and Aggravating Factors for HSC 11352
Some factors can result in harsher penalties for an HSC 11352 conviction. For example, individuals can face increased penalties if convicted of:
- Trafficking drugs near homeless shelters or drug treatment facilities
- Selling or transporting large amounts of cocaine or heroin
- Furnishing or selling drugs to pregnant people, people previously convicted of a violent felony, or people receiving treatment for a drug problem or mental health disorder
- Involving minors in the transport or sale of drugs
Additionally, individuals with past convictions for HSC 11352 may face additional penalties for a new conviction.
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Defenses for HSC 11352 Allegations
An attorney may explore several defenses for clients arrested and charged with transportation or sale of controlled substances in California. Depending on the unique facts of a case, a lawyer may argue that the police:
- Performed an illegal search and seizure to collect evidence
- Lied or planted evidence on a client
- Falsified the cause that resulted in an arrest
- Used excessive force to get a confession
- Engaged in entrapment
Additionally, lawyers may build a defense by arguing that the client did not know they had possession of a controlled substance or that the client did not intend to transport or sell the controlled substance.
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How Lawyers Resolve HSC 11352 Charges
An attorney may pursue several options to handle HSC 11352 allegations. Depending on a client’s situation, a lawyer may:
- Take steps to get HSC 11352 charges reduced through a plea bargain
- Petition the court to dismiss an HSC 11352 allegation
- Fight for a client in court
It’s essential to begin the legal process of constructing a defense immediately after an arrest.
Talk to Us About HSC 11352 Charges in California
Do you have more questions about California Health and Safety Code §11352 HSC: Transportation or Sale of Controlled Substances? You can reach out to our professional team at the Simmrin Law Group to discuss these charges and secure legal help building your defense.
Call or text (310) 896-2723 or complete a Free Case Evaluation form