Kestenbaum,Eisner & Gorin, LLP - Los Angeles Criminal Defense Attorneys
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Los Angeles Drug Sales Attorney

Legal Information

There are several statutes that cover the unlawful sale of controlled substances (illegal drug sales). Health and Safety Code sections 11351, 11351.5, 11378 and 11378.5 cover the possession or purchase of controlled substances for the purpose of selling them.

To convict you of this offense, the prosecution must prove beyond a reasonable doubt that (1) you had control over the drug, (2) that you knew the drug was there, (3) that you knew it was an illegal drug, (4) that there was enough of the drug to be sold or used, and (5) that you had the specific intent to sell the substance.

There are two ways in which you can possess the drug: actual possession and constructive possession. For actual possession, you must have physical control over the drug. For constructive possession, you can have control over it through other people or objects (i.e., you were in your house but the drugs were in your car.)

Possession/purchasing illegal drugs for sale is a felony offense. Health and Safety Code sections 11352 and 11379 cover the actual selling of the controlled substance. To convict you of this offense, the prosecution must prove beyond a reasonable doubt that (1) you sold the drug and (2) you knew the drug was there and (3) knew that it was an illegal drug. Selling illegal drugs is a felony offense.

Health and Safety Code sections 11352 and 11379 also cover the offering to sell the controlled substance. To convict you of this offense, the prosecution must prove beyond a reasonable doubt that (1) you offered to sell the drug and (2) you had the specific intent to sell the drug. Offering to sell illegal drugs is a felony offense.

Related Drug Offenses

California has drug sales laws that are distinct from simple drug possession laws. Drug sale charges can also include charges such as drug furnishing, distribution, and importing. Penalties for a drug sales conviction are harsher and less forgiving than for a drug possession conviction, especially if you have previous drug convictions. The exact type of punishment an individual will receive for a possession of drugs with intent to sell charge will vary depending on the amount and type of drug as well as previous convictions and the geographic area where the drugs were alleged to have been sold.

Contact a Drug Defense Lawyer

In order to obtain the best results in your case, you will need the best drug defense counsel in Los Angeles. Such an attorney can be found at the top-ranked Los Angeles area criminal defense firm of Eisner Gorin LLP. Penalties can include lengthy incarceration and steep fines, and unlike simple possession convictions, drug rehabilitation programs are generally not available for drug sales convictions.

It does not matter what type of controlled substance is involved in your matter, heroin, cocaine, crack, marijuana, opiates, LSD, or PCP, or anything else, our lawyers have the experience and skills to assist you and protect your rights and liberty.

With over 50 combined years of experience, our attorneys have developed effective defense strategies and have the knowledge and experience to develop new and innovative strategies that will suit your case if need be. Let their experience and good working relationships with prosecuting attorneys and judges work for you and contact our offices today for a complete and confidential consultation if you are facing drug sale charges or any other type of criminal charge. Our legal team can also assist you in Spanish.