Individuals in our state can face charges under HSC 11370 if the police accuse them of having possession of an operable firearm and a controlled substance at the same time.
A conviction under California Health and Safety Code §11370 HSC: Possession of a Controlled Substance While Armed can cause up to four years of incarceration and fines of up to $10,000.
California treats HSC 11370 violations as felonies, so they often result in harsh repercussions. You can learn more about these charges with a Los Angeles drug crimes lawyer. An attorney from our team at Simmrin Law Group can also help you build a defense after an HSC 11370 arrest. We have decades of experience that you can count on.
What is California Health and Safety Code §11370 HSC: Possession of a Controlled Substance While Armed?
California HSC 11370 represents a felony charge that can have harsh consequences. The prosecution must prove several elements of the crime to convict someone for possession of a controlled substance while armed.
Generally, the prosecution must show that someone:
- Knowingly possessed a controlled substance in a usage amount AND
- Knew that the substance qualified as “controlled” AND
- Knowingly had an operable and loaded firearm readily available
A Los Angeles criminal defense lawyer can provide more information about this charge.
What Are Controlled Substances for HSC 11370?
In general, legal professionals use the term “controlled substance” to refer to any substance tightly monitored and regulated by the government. However, HSC 11370 only applies to specific substances.
Individuals may face this charge for knowingly possessing:
- Cocaine or cocaine base
- Methamphetamine
- Heroin
Additionally, HSC 11370 charges can apply in situations where someone possesses the following substances or items containing phencyclidine (PCP):
- Liquids
- Plant material
- Hand-rolled cigarettes
- Crystalline substances
Finally, HSC 11370 charges can apply if someone knowingly possesses analogs for any of these substances. Analogs represent chemically similar substances or substances that have (or allegedly have) a similar effect on the nervous system.
The police may charge someone with possession of a controlled substance in addition to HSC 11370 in many situations. A Los Angeles drug possession defense lawyer may help with these allegations. You should get legal help before discussing your charges or signing any paperwork provided by the prosecution.
For a free legal consultation with a lawyer serving California, call (310) 896-2723
Results of an HSC 11370 Conviction
Individuals convicted under California Health and Safety Code §11370 HSC: Possession of a Controlled Substance While Armed can face harsh penalties. The court can sentence individuals to four years in prison and thousands of dollars in fines.
Additionally, individuals accused of HSC 11370 do not qualify for California’s drug diversion programs, which allow individuals to seek treatment instead of facing incarceration.
However, some individuals may have a chance to get felony probation instead of prison time. These individuals must still spend one year in jail, and they have to adhere to numerous conditions set forth by the court while on probation. These conditions may require them to:
- Attend treatment or counseling for drug use
- Submit to regular drug testing
- Submit to warrantless searches of their home or person
- Meet regularly with a probation officer
- Pay a fine
- Perform community service or labor
The court can add additional conditions to the terms of this probation. Individuals who break any probationary terms may face incarceration.
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Defenses for HSC 11370 Charges
An attorney can help you build a defense if the police arrest you for possession of a controlled substance while armed. Depending on your situation, an attorney may take steps to show that:
- You did not know about the drugs in your possession
- The drugs belonged to someone else
- You did not know about the gun
- You did not have a loaded gun
- The police discovered the drugs or gun while performing an illegal search
Lawyers review the specifics of each client’s situation before building a personalized defense that can help with these harsh charges.
Depending on the facts surrounding an individual’s arrest, a criminal defense lawyer may focus on:
- Getting HSC 11370 charges reduced to a less severe offense
- Having the court dismiss HSC 11370 allegations
- Fighting for a client in court
Taking immediate legal action can boost an individual’s odds of successfully resolving these allegations.
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Talk to Us After an HSC 11370 Arrest in California
Our team at the Simmrin Law Group can help you after an arrest for California Health and Safety Code §11370 HSC: Possession of a Controlled Substance While Armed. We have extensive experience helping clients like you and stand ready to represent you.
We’ve handled over 100 jury trials, giving us the experience and confidence to help with your defense. We believe in maintaining open communication with our clients, so you can reach out to us 24/7 for help and to discuss the status of your charges.
You can count on us to stick with you until the resolution of your HSC 11370 charges. You can bolster your chances of successfully resolving these allegations by reaching out to us immediately after an arrest.
Call or text (310) 896-2723 or complete a Free Case Evaluation form