How Serious is Possession of Heroin in California?
Oregon recently made headlines following the November 2020 election for passing a ballot measure to decriminalize drugs, including heroin. However, in California, heroin has not been decriminalized, and simple possession may still be charged as a felony under the California Uniform Controlled Substances Act.
Penalties for Heroin Possession for Personal Use
If charged with simple possession of heroin (possession for personal use and not for sale), you will generally face a misdemeanor charge that can carry up to a year in county jail and a fine of $70.
If the court grants probation, the judge may order a fine of up to $1,000 and community service. Often courts in California will allow first-time offenders to attend drug treatment programs instead of jail time.
However, if you have a record of prior felonies or are a registered sex offender, you may face a sentence of between sixteen months and three years in state prison.
Penalties for Possession with Intent to Sell
If you are charged with possession of heroin with intent to sell, you face even more severe consequences of two to four years in state prison and a fine of up to $20,000. Sentences for the actual sale of heroin can also be enhanced if the alleged offense took place with 1,000 feet of a school (3 to 5 years) or involved a sale to minors (3 to 7 years).
Alternative Sentencing Options
In California, courts are increasingly recognizing that heroin use and possession are non-violent crimes and that addiction treatment is preferable to keeping people in jail. If you’ve been charged with simple possession, your case can be diverted to a “drug court” that would order supervised addiction treatment counseling and probation.
First-time offenders may also qualify to remain out of jail on the condition that they don’t re-offend within a set amount of time. This option is known as a “deferred judgment.”
Even if your guilt is not at issue, an attorney can help advocate for you before the court and ask the judge to consider one of these alternative sentencing options. As more information about the addictive nature of heroin becomes commonly known, many judges are open to providing rehabilitative treatments to heroin possession defendants.
Defenses Against a Possession or Intent to Sell Charge
An experienced attorney can help you fight a charge of heroin possession or possession with intent to sell. A conviction requires a prosecutor to prove that you:
- Were in actual possession of the heroin
- Knew the heroin was present
- Knew that it was heroin (or another illegal substance)
- Intended to sell it (for possession with intent to sell only)
The government must prove each of these elements beyond a reasonable doubt to convict you. The fact is, you can be arrested for heroin possession without all of these requirements being present or provable:
- A college student with roommates may be unaware that a roommate has hidden a packet of heroin in their shared apartment.
- A woman borrowing her boyfriend’s car might not know that a small amount of heroin is located in the glovebox when she’s pulled over at a traffic stop.
- An unsuspecting sibling puts on an older brother’s jacket, not knowing a bag of heroin was in the pocket.
If you have been charged with heroin possession, an accomplished defense lawyer in San Bernardino, CA, can help you avoid the severe consequences of a conviction.
At the Chambers Law Firm, we represent people who have been charged with a range of crimes, from misdemeanors to felonies. If you have been charged with possession of heroin or another California criminal offense, we can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a skilled criminal defense lawyer in San Bernardino, CA.
