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San Francisco Criminal Defense Lawyer at Your Service
Have you been accused of drug possession or another drug offense in San Francisco? If you have, you may be concerned about what kind of punishment you can get and whether the offense will appear on your criminal record.
Criminal law in California takes drug crimes very seriously. Even if you think you didn’t do anything wrong, you may face harsh penalties and other consequences.
Depending on the quantity and the drug in question, the prosecution may decide to charge you for drug trafficking and distribution, which is a severe offense that can carry significantly harsher punishments.
Fortunately, you don’t have to face the legal system alone. Attorney Rebecca Feigelson is an experienced drug lawyer in Oakland, CA, who can provide you with legal representation and counsel.
Whether you are facing charges for selling drugs, using drugs, or drug possession, Attorney Feigelson will use her experience to build a strong defense on your behalf. She will also provide you with sound legal advice and ethical counsel during the entire process of your drug case.
What Is a Drug Crime?
The California Health and Safety Code 11350 prohibits the possession of controlled substances or narcotic drugs unless the individual has a prescription from a licensed doctor, dentist, podiatrist, or veterinarian. Having even prescription drugs in your possession without a valid prescription may constitute drug crime charges.
If you face drug charges in San Francisco County, you might need to contact a qualified criminal defense attorney.
Your drug crime lawyers will assess the evidence and every detail of your drug case and investigate it further to determine any possible weaknesses. Your attorney may also mitigate your charges or negotiate a plea bargain with the prosecution.
Rebecca Feigelson has a strong track record of providing legal representation to drug crime defendants. She will use her skills and experience as a San Francisco criminal defense lawyer to help you get the best possible outcome in your case.
Drug Laws in California
The penalties an individual may face for drug-related crimes can often depend on what type of the drug and the amount they allegedly had in possession. Controlled substances are classified into five schedules. These schedules, established under California state law, are similar to those under federal law.
Drug Schedules in California
Schedule I drugs are the most addictive controlled substances. These are primarily drugs that lack any medical value and include heroin, ecstasy, and peyote.
The substances listed in Schedule II have few, if any, legitimate medical uses. They include Vicodin, Cocaine, and Opium.
Unlike the two previous schedules, there is some medicinal value to substances in Schedule III. It covers a broad range of substances, from steroids to stimulants.
Schedule IV substances have significant medicinal value but are more habit-forming than those in Schedule V. Schedule IV drugs include Xanax, Ativan, and Ambien.
Schedule V substances, such as Codeine, Difenoxin, and others, carry a low addiction risk, and most are legal to possess with a prescription.
Potential Penalties for Possession of Illegal Drugs
A drug-related criminal offense can be prosecuted as a misdemeanor or a felony, depending on the details of the case.
Criminal charges for simple drug possession would result in a year in county jail, a fine of up to $1,000, and community service. Simple possession is a misdemeanor and is often referred to as possession for personal use. However, note that even a misdemeanor criminal conviction can have negative consequences on an individual’s gun rights and can have immigration consequences.
In addition to the amount and type of the drug, penalties for drug crimes also depend on other factors, such as whether the individual has a criminal record and if they had intended to sell the substances. For example, if individuals have drug paraphernalia, baggies, scales, or large amounts of cash, they will likely face a harsher penalty.
The majority of drug charges are felonies. That means anyone charged with possessing illegal substances with the intent to distribute or sell will likely face imprisonment in jail or federal prison for three to nine years and fines of up to $20,000.
How Can a Criminal Defense Law Firm Help?
Drug crimes can be prosecuted by the state or federal government, depending on the crime’s circumstances. But, it’s more common that the state handles drug possession charges, while federal charges are most often brought for drug trafficking or drug distribution offenses.
However, an individual may be prosecuted by the state and the federal court on separate occasions without a double jeopardy violation.
For this reason, it is essential to have a criminal defense attorney who understands California drug laws and knows how to navigate the complexities of state and federal legal systems. A legal professional can help you identify the best strategies to use in court and challenge the prosecution’s evidence.
A knowledgeable criminal defense lawyer can help protect your rights and fight for the best possible outcome in your case. Contact our office for a free consultation with one of our experienced criminal defense attorneys. We can review your case and advise you on the best action.
How to Choose an Experienced Criminal Defense Attorney?
Medical marijuana cases are challenging because of the prejudice many judges, district attorneys, and police have against medical marijuana. It would help if you had an attorney qualified to defend you. At a minimum, your attorney should know about the following:
Botany and biology
Medical marijuana laws
Medical use of marijuana.
Medical marijuana defenses
Scientific aspects of drug testing
How each jurisdiction applies and interprets medical marijuana constantly changes. Dispensary owners, collective members, and Medical Marijuana Patients must stay updated on the latest application of law in their jurisdictions to stay out of legal trouble.
If you have a medical marijuana recommendation from a doctor, and facing charges for marijuana possession, reach out to the Law Office of Rebecca Feigelson so we can fight these charges.
Contact an Oakland Drug Crime Attorney For Help
Drug cases are severe under California law. However, if you have been suspected of drug offenses by the federal government, you may have been under investigation without knowing it.
Facing federal drug convictions is not something that should be taken lightly. These crimes require the assistance of a skilled Oakland drug lawyer to mitigate the strictest penalties of spending several years in prison.
The Law Office of Rebecca Feigelson understands the gravity of these charges, so you can rely on us to provide effective defense strategies throughout your case. We will review the evidence to determine your legal options, from negotiating a plea deal to fighting the charges in court.
We are committed to protecting your rights, so don’t hesitate to contact our San Francisco office at (415) 523-0907 for a free consultation about your case. Our legal fees are affordable, and we will be ready to help you every step of the way.
What Happens If You Are Caught in Possession of Drugs in California?
If a police officer finds in your possession or under your control a controlled substance you don’t have a prescription for, you may face drug possession charges. You will most likely be arrested and charged. However, first-time offenders can sometimes get their charges dismissed upon completing a drug diversion program or attending drug court.
Is Possession of Marijuana a Crime in San Francisco?
Possession of less than an ounce of marijuana is no longer considered a criminal misdemeanor in California. It wouldn’t show on your criminal record. However, you will have to pay a fine. If you are charged with transporting, selling, or cultivating marijuana, you will likely face felony penalties.