Drug crimes are one of the most widely prosecuted crimes in this area. If you have been charged with a narcotics-related crime, it is essential to retain a skilled Irvine drug lawyer right away. Our leading criminal defense attorneys at The Law Office of Scott D. Henry have over 40 years of combined drug defense experience. Even if your offense appears to be minor, it needs to be taken seriously. Law enforcement and prosecutors aggressively pursue these crimes, so it is crucial to have a knowledgeable attorney who could diligently fight for your rights, reputation, and freedom.
Types of Drug Charges in Irvine
As part of our country’s war on drugs, these offenses are some of the most commonly prosecuted crimes. Some of the most common charges include:
- Possession – it is illegal to have a controlled substance, such as cocaine, heroin, ecstasy, meth, or prescription medication, if you do not have a valid prescription.
- Drug sale or transportation – it is a crime to sell, furnish, administer, or transport a controlled substance. The sale or transportation of drugs is a serious crime, and convictions carry harsh penalties.
- Drug paraphernalia – it is unlawful to possess any instrument or device used to administer a controlled substance.
- Controlled Substance Manufacturing – it is illegal to produce, compound, or compress a controlled substance.
The most common controlled substance charge is drug possession for personal use or simple possession. Th specifics of your drug case could determine what options our attorneys in Irvine decide to pursue. Whether you have been charged with a misdemeanor or felony, a narcotics conviction has long-lasting adverse effects. With representation from our skilled defense attorneys, it may be possible to have your charges dropped or reduced, or receive the alternative sentence of a drug diversion program, which allows you to avoid traditional criminal penalties.
What is a Controlled Substance?
A controlled substance is a regulated drug that has been listed on the Schedule of Controlled Substances by the state of California. Some substances listed on the schedule are illegal, but others are legal with a valid prescription. Controlled substances commonly involved in local drug crimes include:
- Cocaine
- Heroin
- Meth
- Vicodin
- LSD
- Codeine and morphine or other opiates
- Oxycontin and hydrocodone or other opioids
- Xanax or other benzodiazepines
Penalties for Drug Crimes in Irvine
Convictions for these crimes vary considerably because they depend on the type and quantity of drugs, the nature of the crime, and if you have an existing criminal record. For a misdemeanor simple possession conviction, the penalties may include:
- Up to one year in jail
- Probation
- Community service
- A fine of up to $1,000
For a felony drug trafficking (sale or transportation) conviction, the penalties may include:
- Three to nine years in prison
- Felony probation
- Community service
- A fine of up to $20,000
Some factors can increase the penalties, such as selling drugs to a minor, near a drug rehabilitation facility, or selling narcotics to an individual who has a mental disorder, is pregnant, or is a convicted felon. Because the penalties for a drug conviction can be severe, it is important to have an Irvine lawyer by your side throughout the legal process.
Defenses for Simple Possession Charges
If you have been charged with simple possession, there are several effective defense strategies one our skilled narcotics lawyers in the area may pursue. Some of these include:
- You had a valid prescription.
- You were unaware of the presence of the controlled substance.
- The controlled substance belonged to another individual.
- The drug was not a controlled substance.
- The controlled substance was found as a result of an illegal police search.
The appropriate defense strategy ultimately depends on the circumstances surrounding your case. Scott D. Henry and his team could carefully analyze the police report and perform a thorough investigation into the alleged crime to determine the most effective defense strategy, specific to your case.
Contact an Experienced Irvine Drug Attorney Today
Our leading attorneys at the Law Office of Scott D. Henry have a proven track record of defending clients facing these charges. We have had great success in having our clients participate in drug diversion programs and helping them avoid a conviction with traditional penalties. Having an aggressive advocate on your side is essential in fighting effectively for your rights and freedom.
If you are being investigated for this type of offense, it is best to contact an experienced Irvine drug lawyer right away. Time is of the essence in a criminal matter. The earlier our proactive attorneys begin advocating on your behalf, the better your chances are of obtaining a positive resolution. Please contact our office today for a free consultation.