Aggravated possession of drugs is a criminal charge used to prosecute the possession of illicit substances. Generally, states consider the type of the drug and the amount of the substance in an individual’s possession when determining how to handle the offense.
California does not use a specific charge for “aggravated” possession of drugs. Instead, our state uses separate charges for personal possession of drugs, possession for sale, and drug trafficking, with possession for sale and drug trafficking coming with far harsher penalties.
You can learn more about these charges with a Los Angeles drug possession defense lawyer. An attorney can also help you build a defense when necessary.
What’s Aggravated Possession of Drugs?
The court systems in some states use the charge of aggravated possession of drugs to prosecute individuals accused of possessing certain illicit substances, especially in quantities great enough to sell.
However, California does not use a specific charge for “aggravated” possession of drugs. Instead, the state’s courts primarily use charges like the following:
Possession of a Controlled Substance
The prosecution can charge individuals under California Health and Safety Code Section 11350(a) HS: Possession of a Controlled Substance. This applies in situations with basic (or personal) possession of illicit substances.
HSC 11350 generally leads to misdemeanor charges, so it represents the less serious drug charge used in California. However, individuals can face felony HSC 11350 charges if they have some prior convictions on their record.
Possession for Sale of a Controlled Substance
The prosecution can also use California Health and Safety Code Section 11351 HS – Possession for Sale of a Controlled Substance to handle drug possession allegations.
Typically, the prosecution uses this charge if the police accuse someone of having larger amounts of a controlled substance. HSC 11351 always represents a felony offense in California and can have harsh penalties. An attorney can explain more about these charges and provide detailed information about what aggravated possession of drugs is in other states.
For a free legal consultation, call (310) 896-2723
Possession for Sale Can Have Aggravating Factors
California’s legal system has several aggravating factors that can apply in cases involving possession for sale. These factors can increase the penalties associated with an HSC 11351 conviction.
These aggravating factors can include:
The Possession or Purchase of Cocaine Base
Individuals charged with buying or possessing cocaine base for sale can face harsh penalties. A conviction could result in up to five years of jail time and fines of up to $20,000.
The Possession or Purchase of Cocaine, Cocaine Base, or Heroin
Buying or having heroin, cocaine, or cocaine base with the intent to sell these substances can add extra penalties to a conviction. The extent of the penalties will depend on the amount of the illicit substance an individual buys or possesses.
For example, someone accused of possessing 80 kilograms of heroin could have 25 years added to their period of incarceration. Additionally, possession of these substances could result in fines of up to $8,000,000.
Past Convictions
Finally, the legal system in California treats past felony convictions for drug crimes as aggravating factors when handling sentencing for these crimes. Individuals can face an extra three years of incarceration for each past applicable felony conviction.
Handling Drug Charges with Aggravating Factors
You can get help from a criminal defense attorney if the prosecution charges you with possession for sale and adds aggravating factors to the accusation. An attorney can:
- Review your situation/
- Answer any questions.
- Protect your rights.
- Build your defense.
Getting legal assistance immediately can help you avoid the harsh penalties associated with a conviction in many cases. An attorney will need to review the specifics of your situation to develop a personalized defense strategy.
Depending on your situation, your lawyer may focus on:
Reducing Your Drug Possession Charges
In some cases, the prosecution will offer a plea bargain after an arrest for a drug crime. Plea deals allow you to reduce the potential penalties you face, but they also force you to plead guilty to another crime.
Therefore, this option may not represent your best choice. You should speak with a lawyer about the specifics of a plea bargain before you sign any paperwork offered by the prosecution.
Getting Drug Possession Charges Dismissed
Sometimes, a lawyer can petition the court to dismiss a drug possession charge. The court may remove your charges if the prosecution lacks evidence or if law enforcement violates your rights during the legal process.
Fighting Drug Possession Allegations
Finally, you can rely on a criminal defense attorney to aggressively fight drug possession charges in court, potentially securing a favorable verdict.
Learn More About Possession of Drugs Charges with Us
So, what is aggravated possession of drugs? Some states use this charge to prosecute drug charges. California does not have a specific aggravated possession of drugs charge, but it does have aggravating factors that can increase the penalties for drug possession.
You can learn more about all of these charges and discuss your options after an arrest with our team at Simmrin Law Group. We have helped thousands of clients facing charges just like these, and we are ready to draw on this experience to help with your defense. Reach out now.
Call or text (310) 896-2723 or complete a Free Case Evaluation form