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Heroin

Heroin abuse is common in California just like other states. It is a Schedule-I drug under United States’ Drug Enforcement Administration’s Drug Scheduling system. As Heroin is schedule-I drug, it indicates that

• Heroin has a high potential for abuse.
• It is highly addictive with severe physical and mental effects.
• There is no current acceptable use of heroin in medicines.

Just like ecstasy, heroin has a euphoric effect on the user which is the reason for its popularity among teenagers. The possession of Heroin is an illegal act under California’s Health and Safety Code 11350 & 11351, the same statute that bans on the possession of other narcotics drugs such as cocaine, codeine, Vicodin, etc.

The ‘possession of heroin’ charges are harsh and disturbing. If you or minor in your family is facing criminal charges for heroin possession, you can talk to our experience defense attorneys in drug abuse cases. We have been part of a legal system for past 50 years and have served on both sides of the law. Our experience as prosecutors, investigators, and police officers and our current decades of experience in courts as defense lawyers give us an edge in defending your case. We understand how things work in drug abuse cases such as heroin possession. Therefore, we can point out the weaknesses of prosecutor’s evidence and arguments and reduce or avoid jail time for our clients.

A person charged with possession of heroin faces up to 1,000 in fines or community service for a first offense. The second offense is punishable by $2,000 in fines and community service. The punishments get severe with the increasing seriousness of the crime and higher amount of possession. One may face up to 3 years prison time in state prison and up to $20,000 fines. However, some individuals qualify for drug diversion program and successfully avoid jail time with strong defense. This is what we do at the Law Office of David S. Chesley. We understand and investigate all aspects of the case and build up an aggressive defense based on specific details. We aggressively defend our client in the court which often results in avoiding jail time.

If you are facing charges under Health and Safety Code 11351, you are in line for more strict punishments including prison time. The code deals with possession of heroin with an intent to sell which means that you had the considerably high amount of heroin and you wanted to sell it to others. But, by using available defenses such as bias of police officers, illegal conduct, arresting officer bypassing protocols, and no evidence for the high amount of drug in possession, we get you the best outcomes of the case including reduced punishments and avoiding prison.

Health and Safety Code 11350 HS

(a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b) or (c), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code.

(b) Except as otherwise provided in this division, every person who possesses any controlled substance specified in subdivision (e) of Section 11054 shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170 of the Penal Code. (c) Except as otherwise provided in this division, whenever a person who possesses any of the controlled substances specified in subdivision (a) or (b), the judge may, in addition to any punishment provided for pursuant to subdivision (a) or (b), assess against that person a fine not to exceed seventy dollars ($70) with proceeds of his fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant’
s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.

(d) Except in unusual cases in which it would not serve the interest of justice to do so, whenever a court grants probation pursuant to a felony conviction under this section, in addition to any other conditions of probation which may be imposed, the following conditions of probation shall be ordered:

(1) For a first offense under this section, a fine of at least one thousand dollars ($1,000) or community service.

(2) For a second or subsequent offense under this section, a fine of at least two thousand dollars ($2,000) or community service.

(3) If a defendant does not have the ability to pay the minimum fines specified in paragraphs (1) and (2), community service shall be ordered in lieu of the fine.

Health and Safety Code 11351 HS

Except as otherwise provided in this division, every person who possesses for sale or purchases for purposes of sale (1) any controlled substance specified in subdivision (b), (c), or (e) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years.